In Ries v City of Chicago, the Illinois Supreme Court held that willful and wanton conduct does not create a general exception to the Tort Immunity Act's blanket immunities.
In Union Planters, the Illinois Appellate Court held that a legal malpractice plaintiff need not prove a "case-within-a-case" in an action arising out of transaction-based legal malpractice.
Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).
Was someone or something other than your client - perhaps someone who isn't a party - the "sole proximate cause" of the plaintiff's injury? Defense lawyers should explore the possibility.
On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.
On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
On July 8, 2010, the Appellate Court of Illinois, Fifth District, reversed a motion to dismiss from the Circuit Court of Randolph County, finding that an amended complaint is not necessary when the administrator of an estate is not appointed until after a wrongful death action is filed.
On April 29, 2010, the Appellate Court of Illinois, Fourth District, upheld a decision of the Circuit Court of Macon County finding that the "slayer statute" prevents an individual deemed insane for criminal purposes, but nevertheless cognizant of murdering a person, from receiving any property, benefit or other interest he may have received by a death he caused.
On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.
Society is best served by requiring the parties - typically sophisticated business buyers and sellers - to bargain for contract protection, the author argues.
Illinois lawmakers passed a bill protecting Interscholastic Associations from certain civil liabilities. According to the Interscholastic Association Defamation Act, associations with the purpose of "promoting, sponsoring, regulating, or in any manner providing for interscholastic athletics" are immune from defamation claims, with the exception of claims involving actual malice.
A brief review of immunities available to local governments, governmental employees, and volunteers if they're sued for conduct arising from public health emergencies.
On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.
On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.
In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.
When does an incident involving multiple parts or parties constitute only a single "occurrence" for insurance-coverage purposes? Read what the Illinois Supreme Court said recently.
On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
On November 10, 2009, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County finding, in a legal malpractice suit, that the contingent fee arrangement between the parties was not void, and that jurisdiction over the malpractice claim rested exclusively with the federal courts.
