Can a contract be enforced against a third-party beneficiary?By Timothy J. LondriganApril 2007The Fourth District Appellate Court addressed the issue of whether a contractual claim for subrogation could be enforced against a passenger in an automobile whose medical bills were paid out of the driver’s medical pay insurance policy, in American Family Group v. Cleveland, 356 Ill.App.3d 945, 827 N.E.2d 490 (4th Dist. 2005).
Editor’s noteBy John L. NisivacoJuly 2007The first article of this edition is written by John Stalmack. Mr. Stalmack’s article discusses the cross examination of a medical expert’s personal opinion or personal practice.
Editor’s noteBy John L. NisivacoApril 2007The first article of this edition, written by Martin Glink, discusses the Illinois Supreme Court’s opinion in York v. Rush Presbyterian regarding apparent agency. Mr. Glink provides a thorough description of the facts of the case and a detailed explanation of the Court’s analysis and decision.
Editor’s noteBy John L. NisivacoMarch 2007The first article of this edition, written by Yvonne M. O’Connor, discusses the Illinois Supreme Court’s decision in Marshall v. Burger King, 222 Ill.2d 422, 305 Ill.Dec. 897, 856 N.E.2d 1048 (Ill. 2006).
Landowners may have more duties to the public than they thinkBy Yvonne M. O’ConnorMarch 2007The case of Marshall v. Burger King involved a negligence action brought by the estate of Detroy Marshall III, who was killed while eating at a Burger King restaurant when a car crashed through the wall of the restaurant.
Production of financial records by a Supreme Court Rule 213(f)(3) Expert WitnessesBy Albert E. DurkinJuly 2007The Illinois Appellate Courts have not created a bright line rule as to whether production of extrinsic evidence to support financial claims made by expert witnesses should be required, although this issue has been hotly litigated elsewhere.
