Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2023 Articles

10 Tips for an Effective Direct Examination By Michelle M. Kohut January 2023 Practical tips for direct examination.
Clanton v. Oakbrook Healthcare: First District Finds Explicit Language of Contract Renders Arbitration Clause Unenforceable Following Death of Resident By Laura Castagna February 2023 A summary and analysis of Clanton v. Oakbrook Healthcare, which arose from circumstances involving the neglect and wrongful death of a nursing home resident.
Diligence in Service of Process: An Overview and the Impact of Tendering a Waiver By Mark Benfield & Melvin Stevens October 2023 A plaintiff who fails to exercise reasonable diligence in serving the defendant may have their case dismissed.
Duty or Not…That Is the Question By Albert E. Durkin, Florina Bandula, & Lee Smith, III April 2023 Slanger 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.
Evidence of the Inability to have Children in a Wrongful Death Claim Involving the Loss of a Child By Jeffrey A. Schulkin & Haadee M. Siddiqui January 2023 Given the 2007 amendment to the Wrongful Death Act, evidence that parents are unable to have any children should be relevant and admissible as evidence in support of their grief, sorrow, and mental anguish when they are pursuing a claim for the loss of a child.
Expert Opinions and Proximate Cause—‘Might’ or ‘Could Have’ Testimony By Brion Doherty December 2023 Summaries of two recent cases that speak to the fact that we cannot always say with certainty what caused a person's injury.
Inhuman Error: Autonomous Vehicle Liability By Michael Alkaraki October 2023 As 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.
The Investiture of Justice Elizabeth M. Rochford By Daniel E. O’Brien January 2023 Justice Elizabeth M. Rochford was sworn into the Illinois Supreme Court in December 2022.
Johnson & Johnson Kicked From Bankruptcy: Plaintiffs May Finally Get Their Day in Court By Judith Conway February 2023 A summary of LTL Management's Chapter 11 case, which was thrown out by the third circuit last month.
Mass Tort Lawsuits By Judith Conway December 2023 Seven practice tips to keep in mind when handling mass tort lawsuits.
Not All Foreign Language Interpreters are the Same By Federico M. Rodriguez December 2023 Although 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.
Premises Liability: Tort Liability of Installer By Brion W. Doherty February 2023 From time to time, a person or company that installs products at a premises will install them in a form or fashion that renders the premises dangerous.
Tips for Effective Brief Writing By Judith Conway April 2023 Five tips to improve your legal writing.
Truck Crashes on the Rise By Pamela Sakowicz Menaker February 2023 An overview of a November 2022 Center for Justice & Democracy study, which examines the concerns of the trucking industry.
Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.
Use of Emotional Distress Instruction By Nicholas T. Motherway April 2023 In at least the past 20 years it is established that emotional distress is a proper element of damages in all personal torts and no expert evidence is needed to prove emotional distress.
Who Can Cage a Bird Once it Has Flown: Does AI Have Humanity in a Lurch? By E. Kenneth Wright, Jr October 2023 Artificial intelligence is here to stay, and while we need to proceed with caution and have a regulatory scheme in place, we must also recognize the undeniable benefits it presents.