Publications

Section Newsletter Articles on Tort Law

There is no bright line test for the admissibility of alcohol in a civil case By Daniel O’Brien Tort Law, January 2019 Alcohol is one of the most prejudicial pieces of evidence that can be inserted into any matter, and there is no bright line rule for its admissibility.
Look closer at that healthcare lien for unpaid bills when a client has health insurance By Nicholas T. Motherway Tort Law, December 2018 Although receiving a healthcare lien for a client's treatment can become routine, it is important to make sure to take a look at whether the underlying bill on the lien was paid. 
Appellate court confirms importance of Dead Man’s Act in surviving litigation By Jason G. Schutte Tort Law, November 2018 The Dead Man’s Act can be a very effective tool in defending personal injury claims. In Spencer v. Strenger Wayne, it was used to wholly defeat a negligence case.
Premises liability: Open and obvious claims By Brion W. Doherty Tort Law, November 2018 In cases involving a dangerous condition that is arguably open and obvious, a plaintiff must be able to clearly delineate the circumstances under which the plaintiff encountered the condition in a way that will create a question of fact about whether or not it was reasonable, under the circumstances, to appreciate the dangerous condition.
Informed consent is determined by prudent person standard, expert testimony not required By Jason G. Schutte Tort Law, September 2017 Illinois Fourth District clarifies apparent conflicting opinions on whether informed consent medical malpractice claim is determined by objective or subjective person standard.
The Seventh Circuit rejects plaintiff’s cancer causation theory By Robert H. Riley and Brian O. Watson Bench and Bar, September 2017 The Seventh Circuit recently rejected the plaintiff’s expert’s causation theory that “each and every exposure” or the “cumulative exposure” may satisfy the plaintiff’s causation burden.
Using safety ordinances to establish the duty of care in premises cases By Bradley N. Pollock Tort Law, October 2016 In premises liability cases, the defendant’s actual or constructive knowledge of the dangerous condition, as well as the open-and-obvious doctrine, are part of the analysis of whether a defendant owes a duty to the plaintiff.
Establishing a duty of care in asbestos cases without occupational exposure By Cody Favilla Tort Law, April 2016 What is the duty of care owed by an employer to the household members of its employees?
The perils of representing Illinois residents involved in an out-of-state accident By James H. Koning Tort Law, April 2016 In the case of a Michigan collision, Illinois residents are often entitled to benefits unheard of in Illinois.
The ambiguity of intent in the tort of battery By Michael Anderson Bench and Bar, July 2015 The author discusses the two main theories of intent recognized across jurisdictions, explains what is at stake in choosing one over the other, outlines Illinois’ law regarding the matter, looks into whether the new Restatement (Third) of Torts provides any clarity on what “intent” requires, describes how other jurisdictions have interpreted the Restatement, and shows how this problem may best be solved.
Lawlor v. North American Corporation of Illinois: The Illinois Supreme Court recognizes the Tort of Intrusion upon Seclusion and speaks again on punitive damages By Richard L. Turner Civil Practice and Procedure, December 2012 Activities such as opening private and personal mail, searching a person’s safe or wallet, examining his/her bank account, or using a pretext to obtain telephone records might all give rise to this claim. 
Contribution—An update By Samuel A. Kavathas, Jr. Tort Law, June 2006 This article is intended as an update based on some recent cases regarding contribution. One area which is always a source of confusion is whether or not a party can include a settling defendant on the verdict form pursuant to 735 ILCS 5/2-1117.

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