Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2024 Articles

Condition vs. Creation? Determining Which Jury Instructions to Use in a Negligence Case Against a Landowner By Judge Eileen Marie O’Connor January 2024 An overview of the development and changes to Illinois premises liability law, beginning with the adoption of the Restatement (Second) of Torts, and finishing with a discussion of the law’s practical application at trial.
Illinois Supreme Court Rule 219 and Exclusion of Witnesses By Mark Benfield & Kathryn Johnson-Monfort 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.
Key Distinctions Between Illinois’ Discovery and Evidence Depositions By Gregory R. Jones January 2024 An analysis of the key distinctions between discovery depositions and evidentiary depositions in Illinois civil practice.
Look Closer at That Healthcare Lien for Unpaid Bills When a Client Has Health Insurance By Nicholas T. Motherway April 2024 The Health Care Services Lien Act  has settlement procedures for providers so that a plaintiff will receive some compensation in a settlement if the medical bills are higher than the settlement amount.
The Often-Overlooked Power of ‘In-Concert Liability’ in Personal Injury Cases By Thomas . M Connelly June 2024 Illinois law regarding in-concert liability is not well developed, but it remains a powerful theory of liability in complex personal injury cases.
The Pandemic’s Indelible Mark By Hon. Jasmine V. Hernandez, Mackenzie Ryndak, & Hon. E. Kenneth Wright, Jr. January 2024 Judges and attorneys in the academic sector share how the pandemic has impacted their work.
Reexamining Illinois Patterned Jury Instruction (I.P.I.) 20.01 Issues Raised by the Pleadings By Judge Eileen Marie O’Connor April 2024 In Galich v. Advocate Health & Hospital Corp., the appellate court held that the trial court properly instructed the jury and section 2-1303(c) of the Code of Civil Procedure is constitutional. 
Rule 277 and Personal Jurisdiction By Michael Cortina April 2024 An analysis of why Illinois Supreme Court Rule 277 — the rule pertaining to supplementary proceedings — does not grant courts personal jurisdiction over out-of-state entities.
Uniform Interstate Depositions and Discovery Act By Martin L. Glink June 2024 The 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. Doherty April 2024 A 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.