Retailers and other nonmanufacturers in Illinois can seek dismissal under the so-called "seller's exception" to strict products liability. Here's how it works.
On September 18, 2014, the Illinois Supreme Court held that a woman who tripped on a sidewalk crack while looking ahead to her destination did not satisfy the distraction exception to the general rule that premises owners are not liable for harm caused by open and obvious dangerous conditions.
The governor recently signed laws affecting UI/UIM arbitration, statutes of limitations for disabled plaintiffs, and service of process in gated communities.
How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.
A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.
Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.
Illinois courts have struggled with defining the limits of proximate cause. Multi-car collision cases present an interesting case study of the evolution of proximate cause jurisprudence.
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.
On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.
After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.
A recent case illustrates that in claims for loss of society in wrongful death cases, the rebuttable presumption of a substantial pecuniary loss is sometimes illusory.
A recent Illinois Supreme Court decision holds that parents can recover for emotional distress if they win a claim for negligent genetic counseling, even if they suffered no direct physical injury.
The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.
Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.
The Illinois Supreme Court ruled that a school district breaches its duty of care when it gives false information to another district about a teacher's sexual misconduct.
On June 27, 2012, the second district appellate court held as a matter of law that an automobile insurer cannot refuse to pay underinsured motorist ("UIM") coverage to its insured on the grounds that the insured violated a cooperation clause by settling with a judgment-proof tortfeasor.
Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.
It's hard to sue a hands-off social host in Illinois who merely allows underage drinking. But if he or she voluntarily undertakes to prevent it, it might be a different story.
An injured employee cannot recover additional tort damages beyond the exclusive remedy of the Workers' Compensation Act merely because the defendant employee leasing company failed to comply with the registration requirement of the Employee Leasing Company Act, according to the fifth district appellate court.
Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.
On July 22, 2011, the 4th District Appellate Court reversed the lower court's decision granting the Town of Normal's motion to dismiss plaintiff Mary Collins' retaliatory-discharge claim. Since Collins' claim was brought under the Workers' Compensation Act, there is an exception to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), and her claim is not time-barred by the one-year statute of limitations in section 8-101(a).
Plaintiffs use requests to admit to establish the reasonableness of medical bills. A recent appellate case holds that defendants must either admit or deny the request or explain why they can't.
