Articles From Scott D. Lane

How to obtain a “Zero Interest Letter” from Medicare in a wrongful death action By Scott D. Lane Tort Law, June 2012 A sample letter to assist Plaintiff’s counsel in obtaining a rapid response from Medicare and facilitate distribution of the proceeds recovered.
Plaintiff’s wrongful death claim on behalf of fetus allowed despite plaintiff’s agreement to terminate pregnancy By Scott D. Lane Tort Law, June 2009 Can a plaintiff pursue a wrongful death claim for the death of a fetus where the plaintiff agreed to terminate the pregnancy?
Use of literature at trial: “Authoritative” is not the only magic word By Scott D. Lane Tort Law, March 2007 Presently, literature such as treatises, journals, and articles are inadmissible as substantive evidence in Illinois courts. Basically, literature can be used for two purposes.
IPI instructions-Aggravation of a pre-existing condition is not a separate element of damages By Scott D. Lane Tort Law, January 2005 A recent flurry of Appellate Court decisions and the withdrawal of IPI 30.03, have now made it clear that aggravation of a pre-existing condition is not a separate element of damages.
Do parties have an absolute right to directly question prospective jurors during voir dire? By Scott D. Lane Civil Practice and Procedure, September 2001 Two cases have recently addressed the issue of whether parties have a right to directly question jurors during voir dire: People v. Allen, 313 Ill.App.3d 842, 730 N.E.2d 1216 (2nd Dist. 2000) and Grossman v. Gebarowski, 315 Ill.App.3d 213, 732 N.E.2d 1100 (1st Dist. 2000).
Cammon v. West Suburban Hospital Medical Center: The First District addresses the Relation Back Doctrine, the requirements of §2-0622, and the Statute of Limitations in spoliation of evidence cases By Scott D. Lane & Joseph M. Dooley, III Tort Law, March 2000 On November 25, 1998, the First District rendered its decision in Cammon v. West Suburban Hospital Medical Center, 235 Ill.Dec. 158, 704 N.E.2d 731 (1998).

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