“Relating Back” Additional Allegations Against a Defendant for the Conduct of a Previously Unnamed Employee/Agent After the Statue of Limitations Has ExpiredBy Jeffrey A. Schulkin & Madison LewandowskiTort Law, December 2024Under certain circumstances, additional allegations may be added against a defendant after the statute of limitations has expired for the conduct of a previously unnamed employee/agent. The Illinois “relation-back” statute, 735 ILCS 5/2-616(b) (2002), allows additional allegations against a defendant for one of its previously unnamed agents/employees filed after the statute of limitations has expired, if the allegations arise out of the same, or substantially similar occurrence as stated in the timely filed pleading.
Evaluating Mid-Level Providers TodayBy Nicholas T. MotherwayTort Law, October 2024Plaintiffs’ counsel knows the general rule in medical malpractice cases: to even get started, you must have an expert in the same field as the defendant to prove a breach of the standard of care. The experts must also do the proverbial “stay in your lane” for breach and causation.
Fraudulent Concealment and the Agency RelationshipBy Mark Benfield & Kathryn Johnson-MonfortTort Law, October 2024Fraudulent 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.
Primer on Negligent Hiring, Supervising, and Retention ClaimsBy Dominic C. LoVerdeTort Law, October 2024Prosecuting and defending negligent hiring, supervising, and retention claims can be fraught with various legal and factual landmines and issues. Employers have a duty to act reasonably in hiring, supervising, and retaining their employees.
Illinois Supreme Court Rule 219 and Exclusion of WitnessesBy Mark Benfield & Kathryn Johnson-MonfortTort Law, June 2024An 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.
Uniform Interstate Depositions and Discovery ActBy Martin L. GlinkTort Law, June 2024The Uniform Interstate Depositions and Discovery Act facilitates issuing subpoenas in Illinois for out-of-state depositions, inspections, and discovery.
What Can You Do If Your Client Signed a Release?By Brion W. DohertyTort Law, April 2024A release may be unenforceable if neither plaintiff nor defendant understand the true nature of the plaintiff's injuries on the date the release is signed.
Mass Tort LawsuitsBy Judith ConwayTort Law, December 2023Seven practice tips to keep in mind when handling mass tort lawsuits.
Not All Foreign Language Interpreters are the SameBy Federico M. RodriguezTort Law, December 2023Although 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.
Inhuman Error: Autonomous Vehicle LiabilityBy Michael AlkarakiTort Law, October 2023As 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.
In Wake of Seventh Circuit Ruling, Freight Brokers Sleep EasierBy Nicholas A. Sandowski & Robert M. BurkeYoung Lawyers Division, September 2023The appellate court recently issued an opinion with profound implications for freight brokers facing tort litigation.
Duty or Not…That Is the QuestionBy Albert E. Durkin, Florina Bandula, & Lee Smith, IIITort Law, April 2023Slanger 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.
Use of Emotional Distress InstructionBy Nicholas T. MotherwayTort Law, April 2023In 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.
Premises Liability: Tort Liability of InstallerBy Brion W. DohertyTort Law, February 2023From 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.
Truck Crashes on the RiseBy Pamela Sakowicz MenakerTort Law, February 2023An overview of a November 2022 Center for Justice & Democracy study, which examines the concerns of the trucking industry.
Evidence of the Inability to have Children in a Wrongful Death Claim Involving the Loss of a ChildBy Jeffrey A. Schulkin & Haadee M. SiddiquiTort Law, January 2023Given 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.
Confusing Duty and Breach of Duty in Motion PracticeBy Dennis M. LynchTort Law, October 2022Motions to dismiss and motions for summary judgment often confuse and conflate the issue of duty and breach of duty in an attempt to rob a factual question—breach of duty—from the jury by dressing it as a legal question—duty.
Medical Malpractice Period of Limitations: Tolling in Cases of DisabilityBy Mark Benfield & Stephen LaneTort Law, October 2022The 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.
Negligent Security Claims Against a Landlord, Property Manager, and/or Security CompanyBy Brion W. DohertyTort Law, September 2022Third-party criminal attacks are generally not something for which an owner, operator, or security company will be liable, however, this general rule has limitations that require examination when investigating such cases.
