Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2022 Articles

Confusing Duty and Breach of Duty in Motion Practice By Dennis M. Lynch October 2022 Motions 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.
The Duty to Preserve Evidence and Illinois Supreme Court Rule 214 and Spoliation By Nicholas T. Motherway January 2022 Lawyers should advise their clients to keep all evidence that may be material to a case.
Editor’s Note By John L. Nisivaco February 2022 An introduction to the issue from the editor.
Editor’s Note By John L. Nisivaco January 2022 An introduction to the issue from the editor.
Expert Witness Standards? Section 8-2501 and the Purtill Test By Mark Benfield & Sam Brolley 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.
Giving Back to Our Colleagues in Need By Bridget C. Duignan September 2022 A look at how the Illinois Bar Foundation's Lawyers Care Fund helps attorneys around the state.
Medical Malpractice Period of Limitations: Tolling in Cases of Disability By Mark Benfield & Stephen Lane 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.
Negligent Security Claims Against a Landlord, Property Manager, and/or Security Company By Brion W. Doherty September 2022 Third-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.
Personal Jurisdiction … Is the Long Arm Really That Long? By Brian Murphy October 2022 Although personal jurisdiction is often assumed based on a bare minimum of contacts between the defendant and Illinois, simply doing business in the state may not be sufficient for jurisdiction.
Pleading and Proving Negligent Entrustment Causes of Action By Richard L. Pullano February 2022 An instructive overview of pleading and proving a negligent entrustment action in Illinois.
A Primer on Illinois Prejudgment Interest By Jason G. Schutte January 2022 A summary of the recently enacted Public Act 102-6, which expands prejudgment interest in the state of Illinois.
Res Judicata and Voluntary Dismissal By Mark Benfield & Sam Brolley 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.