Section Newsletter Articles on Tort Law

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.