Section Newsletters

Articles From Mark Benfield

Fraudulent Concealment and the Agency Relationship By Mark Benfield & Kathryn Johnson-Monfort Tort Law, October 2024 Fraudulent concealment in Illinois does not itself create a cause of action, rather, it operates as an exception to the time limitations imposed on a separate, underlying cause of action. 
Illinois Supreme Court Rule 219 and Exclusion of Witnesses By Mark Benfield & Kathryn Johnson-Monfort Tort Law, June 2024 An overview of Illinois Supreme Court Rule 219(c), which allows the court to impose sanctions for failure to comply with court rules — including barring a witness from testifying.
Diligence in Service of Process: An Overview and the Impact of Tendering a Waiver By Mark Benfield & Melvin Stevens Tort Law, October 2023 A plaintiff who fails to exercise reasonable diligence in serving the defendant may have their case dismissed.
Medical Malpractice Period of Limitations: Tolling in Cases of Disability By Mark Benfield & Stephen Lane Tort Law, October 2022 The period of limitations for medical malpractice cases is set forth in 735 ILCS 5/13-212, which generally provides a two-year statute of limitations and four-year statute of repose.
Expert Witness Standards? Section 8-2501 and the Purtill Test By Mark Benfield & Sam Brolley Tort Law, September 2022 An analysis of the evolution of section 8-2501 of the Code of Civil Procedure in conjunction with the Purtill line of cases.
Res Judicata and Voluntary Dismissal By Mark Benfield & Sam Brolley Tort Law, February 2022 An examination of the application of res judicata when one of the claims in a cause of action is dismissed with prejudice and others are subsequently dismissed without prejudice. 

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