Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2025 Articles

Advocacy or Arrogance: Dangers of Social Media During Trial By Albert E. Durkin & Joseph Salvi August 2025 A summary of the First District Appellate Court case, Kroft v. Viper Trans., Inc., and the lessons learned about social media. 
Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2025 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Chair’s Column By Judith Conway August 2025 A note from the Chair of the Tort Law Section Council. 
Ethical Considerations When Representing Elderly Clients By Judith Conway April 2025 A 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.
From Intake to Settlement: Resolving Liens Against Personal Injury Cases By Laura Castagna December 2025 This article addresses 5 partical tips to help you identify and resolve liens that you can incorporate into your practice. 
ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
LAWPAC Needs You! April 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Nuclear Tesla Verdict & the “Full Self-Driving” Hustle By Michael Alkaraki December 2025 The number of people who have been injured due to Tesla's alleged self-driving cars is increasing; however, Tesla is doubling down that user is to blame, not the faulty Tesla feature. 
S. Ct. Rule 215 Neuropsychological Exams Versus 735 ILCS 5/2-1003(d) By Michael Rothmann April 2025 In 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.
Sounding in Healing Arts Malpractice: Which Allegations Are Noisy Enough To Require a 2-622 Report? By Mark Benfield & Kathryn Johnson-Monfort October 2025 A summary of the purpose of section 2-622 reports, and the standard courts have applied in determining whether a section 2-622 report is necessary to support a complaint. 
The Swearing In of Judge Bridget Duignan as the 149th President of the ISBA By Daniel E. O’Brien August 2025 Daniel E. O'Brien, the Editor of the Tort Law Newsletter, recounts President Bridget Duignan's swearing in ceremony as the 149th President of the Illinois State Bar Association. 
Understanding Reasonable Charges and Allocation Under the Illinois Health Care Services Lien Act By Julian E. Zito December 2025 The Health Care Services Lien Act provides a predictable and structured framework for handling medical liens in personal injury cases, but only if practitioners understand: (1) Reasonableness is a fact-based market analysis; and (2) The 40% total cap and 20/20 split strictly govern allocation, regardless of billed amounts.
An Underutilized Remedy: Understanding the Drug or Alcohol Impaired Minor Responsibility Act By Joshua G. Rohrscheib December 2025 The Drug or Alcohol Impaired Minor Responsibility Act remains unfamiliar to many practitioners. The Act creates two causes of action. Taken in totality, this Act reflects the legislature’s intent to prevent avoidable tragedies and provide meaningful remedies when impairment leads to harm.
Upcoming & Recent CLE Opportunities From the Tort Law Section Council By Josh Rohrscheib October 2025 Don't miss out on this helpful, informative, and useful line-up of tort-related CLE's! 
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. Burwell By Richard L. Turner, Jr. April 2025 In 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.
Venue Battles: Understanding and Defending Against Motions To Transfer Under Forum Non Conveniens By Courtney A. Berlin & Mary Dalenberg October 2025 Both plaintiff and defense attorneys need to be cognizant of venue and the doctrine of forum non conveniens. This article details strategies to consider when arguing against a forum non conveniens motion.