Advocacy or Arrogance: Dangers of Social Media During TrialBy Albert E. Durkin & Joseph SalviTort Law, August 2025A summary of the First District Appellate Court case, Kroft v. Viper Trans., Inc., and the lessons learned about social media.
Chair’s ColumnBy Judith ConwayTort Law, August 2025A note from the Chair of the Tort Law Section Council.
Ethical Considerations When Representing Elderly ClientsBy Judith ConwayTort Law, April 2025A quick summary of some important ethical rules, all of which come from the Illinois Supreme Court Rules of Professional Conduct, which texts should be reviewed in full. Following the Rules are some practical things to consider. Additionally, the comments on the Rules provide excellent insight for any questions practitioners may have.
S. Ct. Rule 215 Neuropsychological Exams Versus 735 ILCS 5/2-1003(d)By Michael RothmannTort Law, April 2025In tort claims, the Defendant usually seeks a Rule 215 neuropsychological exam of an injured party suffering from prolonged post-concussion symptoms or more significant traumatic brain injury. Pursuant to 735 ILCS 5/2-1003(d) (2025), plaintiffs have the right to have their attorney present and have the right to video record the examination. Defendants invariably argue that no person, other than the injured party, can be present during the neuropsychological exam to ensure the validity of the test and protect the intellectual property of the test and test materials. These arguments do not overcome the statute and fail even if no such statute existed.
The Use of a Police Report at Trial to Refresh the Recollection of an Investigating Officer and the Application of the Hearsay Rule and the Exceptions: Capsel v. BurwellBy Richard L. Turner, Jr.Tort Law, April 2025In analysis of Capsel v. Burwell, 2024 IL App (3d) 230170. In this case, the truth and accuracy of the officer’s report could not be established in that he did not witness the collision and could not identify who provided the statements. The officer’s testimony lacked the necessary foundation and was inadmissible under the past recollection recorded exception, or any other exception, to the hearsay rule. The appellate court then found that the trial court’s act of admitting the statements in the report into evidence constituted reversible error meriting a new trial.
“Relating Back” Additional Allegations Against a Defendant for the Conduct of a Previously Unnamed Employee/Agent After the Statue of Limitations Has ExpiredBy Jeffrey A. Schulkin & Madison LewandowskiTort Law, December 2024Under certain circumstances, additional allegations may be added against a defendant after the statute of limitations has expired for the conduct of a previously unnamed employee/agent. The Illinois “relation-back” statute, 735 ILCS 5/2-616(b) (2002), allows additional allegations against a defendant for one of its previously unnamed agents/employees filed after the statute of limitations has expired, if the allegations arise out of the same, or substantially similar occurrence as stated in the timely filed pleading.
Evaluating Mid-Level Providers TodayBy Nicholas T. MotherwayTort Law, October 2024Plaintiffs’ counsel knows the general rule in medical malpractice cases: to even get started, you must have an expert in the same field as the defendant to prove a breach of the standard of care. The experts must also do the proverbial “stay in your lane” for breach and causation.
Fraudulent Concealment and the Agency RelationshipBy Mark Benfield & Kathryn Johnson-MonfortTort Law, October 2024Fraudulent concealment in Illinois does not itself create a cause of action, rather, it operates as an exception to the time limitations imposed on a separate, underlying cause of action.
Primer on Negligent Hiring, Supervising, and Retention ClaimsBy Dominic C. LoVerdeTort Law, October 2024Prosecuting and defending negligent hiring, supervising, and retention claims can be fraught with various legal and factual landmines and issues. Employers have a duty to act reasonably in hiring, supervising, and retaining their employees.
Illinois Supreme Court Rule 219 and Exclusion of WitnessesBy Mark Benfield & Kathryn Johnson-MonfortTort Law, June 2024An overview of Illinois Supreme Court Rule 219(c), which allows the court to impose sanctions for failure to comply with court rules — including barring a witness from testifying.
Uniform Interstate Depositions and Discovery ActBy Martin L. GlinkTort Law, June 2024The Uniform Interstate Depositions and Discovery Act facilitates issuing subpoenas in Illinois for out-of-state depositions, inspections, and discovery.
What Can You Do If Your Client Signed a Release?By Brion W. DohertyTort Law, April 2024A release may be unenforceable if neither plaintiff nor defendant understand the true nature of the plaintiff's injuries on the date the release is signed.
Mass Tort LawsuitsBy Judith ConwayTort Law, December 2023Seven practice tips to keep in mind when handling mass tort lawsuits.
Not All Foreign Language Interpreters are the SameBy Federico M. RodriguezTort Law, December 2023Although hiring an interpreter for a deposition or working with the one provided for a court hearing appears to be a simple transactional endeavor, there are several common misconceptions.
Inhuman Error: Autonomous Vehicle LiabilityBy Michael AlkarakiTort Law, October 2023As advanced driver-assistance system technology continues to evolve and operate more regularly on public roads, assigning responsibility and legal liability for harms and losses between and among manufacturers, operators, and drivers will become correspondingly more complex and fact specific.
In Wake of Seventh Circuit Ruling, Freight Brokers Sleep EasierBy Nicholas A. Sandowski & Robert M. BurkeYoung Lawyers Division, September 2023The appellate court recently issued an opinion with profound implications for freight brokers facing tort litigation.
Duty or Not…That Is the QuestionBy Albert E. Durkin, Florina Bandula, & Lee Smith, IIITort Law, April 2023Slanger v. Advanced Urgent Care, et al. is a reminder that “duty of care” is not as cut and dried as tort law professors teach students in law school.
