EMPLOYER MAY HAVE BEEN NEGLIGENT, BUT STIFF PENALTY WAS UNWARRANTED
A penalty of $100 a day accumulates indefinitely when an employer fails to send in child support money that was deducted from an employee's pay.

RIGHT TO JURY MAY BE 'INVIOLATE,' BUT IT'S NOT ALWAYS GUARANTEED
Asking for money from a defendant does not guarantee that you will be entitled to a jury trial. A crucial question is whether the general type of proceeding involved in your case was handled exclusively by chancellors, without juries, back when the Illinois Constitution first locked in the right to trial by jury.

RUBBER CHECKS MAY BE FRAUDULENT, BUT DEBT STILL GETS BOUNCED
Even though several rubber checks were presumed fraudulent under Illinois law, the debt was still dischargeable in bankruptcy pursuant to a 7th U.S. Circuit Court of Appeals holding that giving someone a check that the debtor knows won't be paid is not, by itself, a false representation.

FIRST AID MANDATE DOES NOT INCLUDE DEFIBRILLATION, DIVIDED PANEL SAYS
Businesses owe a duty to provide first aid to injured customers, but in a case of first impression under Illinois law, the question was, Does this include a duty to provide a defibrillator in a health club?

'NET FEE' CONTRACT NETS VALID CLAIM UNDER CONSUMER FRAUD ACT
Companies usually do not have to tell customers how much profit they are making on a particular deal. But if a firm says its net fee will be $X and the seller fails to disclose that it is also making money on an expense that is passed along to the customer -- leaving the false impression that no additional profit is being made on the transaction -- this slick maneuver can add up to deceptive conduct under the Illinois Consumer Fraud Act.

PLUTOCRATS CAN'T CLAIM THEY WERE GULLED ON INVESTMENT
Wealthy, sophisticated business people can wind up agreeing to be defrauded by signing a contract with nonreliance and integration provisions.

MOTION FOR CLARIFICATION CLEARLY DOES NOTHING TO DELAY APPEAL DEADLINE
Somebody is practicing law in Illinois without reading Trial Notebook. The unappetizing result was that an appeal filed by this uninformed attorney was dismissed.

SOCIAL SECURITY NUMBERS DON'T ADD UP TO 'PRIVATE' DATA NEEDING PROTECTION
Prying into the interesting history of the tort of intrusion-on-seclusion in Illinois -- in a case where personal information about cell phone customers (including their Social Security numbers) was sent to a third party for use in a safety study, without permission from the customers -- the Illinois Appellate Court concluded this personal data was not 'private' as that word is used in defining the tort of intrusion upon one's seclusion.

FRIENDLY CONTEMPT FAILS TO FETCH QUICK APPELLATE REVIEW
Edgy lawyers angling for an interlocutory appeal occasionally provoke an immediately appealable contempt order.

BROKER AWARDED LIQUIDATED DAMAGES DESPITE TREMENDOUS WINDFALL
When a contract that provides for payment of a series of commissions contains a liquidated damages provision calling for payment of all the commissions, is this remedy reasonable and enforceable?

JUDGES DEBATE APPLYING RESTATEMENT FOR CHALLENGING JUDGMENTS AS VOID
When a collateral attack on a final judgment contends that the judgment is void based on lack of subject-matter jurisdiction, should Illinois apply section 12 of the Restatement (Second) of Judgments?

DRAWING THE LINE FOR RECKLESS CONDUCT
Floating somewhere between the extremes of an intentional tort and ordinary negligence, Illinois has two types of willful and wanton misconduct.

RULING ON DISCOVERY REQUEST REQUIRED IN CAMERA INSPECTION AT OUTSET
Although discovery rulings are usually protected by the abuse-of-discretion standard, a trial judge abused his discretion by refusing to conduct an in camera inspection of documents before ordering the defendant to hand them over to the plaintiff.

ONCE 'AGGRIEVED,' JOINT TENANT ALLOWED TO SUE FOR INTERFERENCE
A co-owner might have a right to grab all the money in a joint account, but the aggrieved owner might have a remedy under section 4 of the Joint Tenancy Act, along with a common-law claim for tortious interference with contract. It depends on the terms of the agreement with the bank.

ILLINOIS REJECTS U.S. CASES PERMITTING OUTSIDER TO FORCE ARBITRATION
Expanding the scope of equitable estoppel in cases where the plaintiff signed an arbitration agreement with a third party, a series of federal decisions ruled that a defendant could compel the plaintiff to arbitrate certain claims, even though the defendant never signed the arbitration provision.

GOLFER, BEANED IN HEAD, BEATS COURSE ON NEGLIGENT DESIGN
In the case of a golfer who says she suffered serious injuries after being hit in the head by a golf ball, a architect qualified as a safety expert even though he had no experience with golf course design.

DISCLOSURE OF LAY OPINION TESTIMONY INADEQUATE UNDER AMENDED RULE
The Illinois Appellate Court decided that a letter disclosing during discovery that the plaintiff in a breach-of-warranty case will testify about the matters alleged in plaintiff's complaint does not adequately reveal that the plaintiff intends to provide lay opinion testimony on the value of the defective vehicle.

FOUNDATION REQUIRED FOR LAY OPINION ON DIMINISHED VALUE OF PRODUCT
Relying on the rule that mathematical precision is not required in proving damages, the Illinois Appellate Court concluded.

LAY OPINION OKD FOR PROVING DAMAGES IN MAGNUSON-MOSS CASE
One day apart, the 1st District of the Illinois Appellate Court released two opinions with different approaches to the question of whether plaintiffs in cases involving defective automobiles can give lay opinion testimony on the value of the vehicle.

APPEALS COURT SORTS OUT MESS WITH HYBRID AUTO POLICY
A stated value policy -- unlike typical actual cash value insurance -- pays a predetermined amount when an automobile is destroyed.

FIDELITY BOND GETS NARROW READING
The Appellate Court followed the resoundingly uniform rule that the phrase direct loss gets a narrow interpretation in a fidelity bond.

LAWYERS HUNT FOR FOREIGN DEFENDANTS HERE AND LEAVE COURT WITH TROPHIES
When two residents of Oregon were murdered by rebels while on safari in Uganda, lawyers started hunting in Chicago for some juicy foreign defendants.

FEE-SPLITTING AGREEMENT OKD UNDER ILLINOIS ETHICS RULES
When a lawyer divorces his law firm, a separation agreement for handling contingency fees is a smart move.

1ST DISTRICT REPUDIATES PRECEDENT ON INSURANCE SETOFFS, CITY WORKERS
The 1st District of the Illinois Appellate Court declared that an insurance company paying uninsured motorist benefits to a municipal employee is not entitled to a setoff for benefits paid to the claimant by a government pension plan.

LACHES DOCTRINE KNOCKS OUT CLAIM BY TEACHER WITH SIX-MONTH RULE
Eliminating lingering confusion about whether the defense of laches is limited to equitable actions, the Illinois Appellate Court ruled that laches can be used to knock out a claim for plain old money.

LANDLORD OFF HOOK FOR $186,000 BILL INSOLVENT TENANT OWED CONTRACTOR
But based on a Colorado Supreme Court case, the Illinois Appellate Court concluded that the remedies of quasi-contract, unjust enrichment and quantum meruit did not apply to the facts of a Chicago case.

SOCIAL SECURITY BENEFITS ARE OFF LIMITS WHEN DIVIDING MARITAL ASSETS
Forget about a spouse's right to Social Security benefits when allocating assets in a marriage dissolution case.

EVENT STUDY TOO SPECULATIVE TO PROVE DAMAGE TO PRODUCT'S REPUTATION
The reputation of a brand of products can be damaged if the manufacturer uses a defective component. But, in a lawsuit against the supplier of a defective component, how does the manufacturer prove this kind of reputational injury?

LEGAL DINOSAUR STOMPS OUT LAWSUIT INVOLVING COLLISION WITH STOPPED TRAIN
The rule that a stropped train is considered an open and obvious hazard has been described as a legal dinosaur, which, once out, tramples 20th century negligence law and then lumbers back to its dark cave only to await another victim.

RESERVATION OF RIGHTS LETS INSURED SETTLE CLAIM WITHOUT CARRIER'S OK
Settling a third-party party claim without permission from the insurance company can be a risky proposition if the insurer's alleged breach is not clear-cut.

ARGUING THE IMPOSSIBLE ARGUMENT IN APPEAL OF $3 MILLION VERDICT
Quotient verdicts are prohibited, but the Illinois Appellate Court decided you may not use juror affidavits to prove the jury agreed to use this forbidden procedure. 

COURT WEIGHS DISABLED PLAINTIFF'S DUTY TO TAKE ADDITIONAL PRECAUTIONS
Is an open and obvious hazard open or obvious for someone who is blind?

AMENDED RULE ON MISTAKEN IDENTITY SAVES PERSONAL-INJURY COMPLAINT
In the first published decision applying a recent amendment to the statute governing the relation-back doctrine for complaints that initially named the wrong defendant, the Illinois Appellate Court reversed a ruling that dismissed a personal-injury claim.

FORGED CHECK DOES NOT COUNT AS BREACHED WARRANTY
In deciding whether a bank breached presentment warranties, U.S. District Judge Joan Humphrey Lefkow clarified check-processing procedures and the dense set of rules provided by the Uniform Commercial Code. 

COURT SIDESTEPS APPARENT CONFLICT FOR REFILING COUNTERCLAIMS
Neatly resolving what seemed to be a conflict in the Limitations Act, the Illinois Appellate Court concluded that a counterclaim was not barred even though it was refiled more than a year after it was dropped.

PRICE SET AT FORECLOSURE SALE NEED NOT REFLECT FAIR MARKET VALUE
Although a catchall provision in the Illinois Mortgage Foreclosure Act empowers a judge to decline to confirm a foreclosure sale if justice was otherwise not done, the fact that the property sold for only 69 percent of its fair market value does not mean the sale was unjust.

LANDOWNERS OWE DUTY TO DRIVERS WHEN IT COMES TO PLOWING SNOW
The duty to provide a safe means to exiting property includes an obligation to avoid creating a snow pile that obstructs the view of drivers.

PAROL EVIDENCE: COURTS FALL PREY TO 'DARK, SUBTLE DIFFICULTIES' OF RULE
A legacy from Professor Marie Adornetto Monahan is a new law review article challenging the Illinois Supreme Court to clarify confusing cases on the parol evidence rule. 

RULING GROUNDS INJURY CLAIM THAT CHALLENGED UNITED'S USE OF CHEMICALS
U.S. Bankruptcy Judge Eugene R. Wedoff zeroed in on the key question of whether there was an accident under the Warsaw Convention.

BANKRUPTCY JUDGE ASSESSES ROLE FOR RULING ON $6 BILLION TORT CLAIM
In a $6 billon class-action case against United Airlines, Bankruptcy Judge Eugene R. Wedoff had to decide whether there was an accident under the Warsaw Convention.

TRESPASS CAN QUALIFY AS 'ACCIDENT' UNDER HOMEOWNER'S POLICY
A trespass committed by building a structure that crosses onto a neighbor's property can qualify as an accident under the trespasser's homeowner's insurance.

GENETIC TESTING: DOCTORS OWE DUTY TO WARN PATIENT'S PARENTS
When a physician orders, or should order, genetic testing on a child who has an inherited malady, can the doctor be held liable for failing to warn the parents that any other child they may conceive has a 50 percent chance of suffering the same affliction?

UCC CONTROLS WHICH SHAREHOLDERS GET SHOT AT A BILLION DOLLARS
A billon-dollar question in a New York case hinges on the meaning of section 8-302(a) of the Uniform Commercial Code.

CONTRACT CLAIM DOES NOT REQUIRE EXHAUSTION OF REMEDIES
A trial judge dismissed the complaint Waste Management, concluding that South Elgin failed to exhaust its administrative remedies.

SUPREME COURT CLARIFIES RULES ON LEGAL CAUSE VS. CAUSE IN FACT
The City of Chicago's failure to send an ambulance in response to emergency calls about a woman in labor was a cause in fact of an accident that occurred when a friend had to drive the expectant mother to the hospital.

LOCAL FEDERAL JUDGES DISAGREE ON TIMING OF REMOVAL PETITIONS
In cases where Illinois tort claims are instantly yanked into federal court with the filing of removal petitions, federal judges ruling on remand motions disagree on an important question of timing.

COURT CREATES 'PERVERSE INCENTIVE' FOR UNSCRUPULOUS CLIENTS: DISSENT
Justice Charles E. Freeman, dissented from the Illinois Supreme Court's ruling on when a client can be held vicariously liable for an intentional tort by its law firm. 

DISSENT: RULING ON CLIENT'S LIABILITY THROWS ATTORNEYS INTO STATE OF 'FLUX'
Three justices dissented from the Illinois Supreme Court's ruling on when a client can be held liable for an intentional tort by its law firm.

SUPREME COURT SPLITS THREE WAYS ON CLIENT LIABILITY FOR ATTORNEY CONDUCT
When a good court splits into majority and dissenting opinions, like an atom shattered in a cyclotron, we can reach a deeper understanding of basic rules.

LOCAL COMMERCIAL CASE TAKES CUES FROM AROUND THE GLOBE
With increased international trade, litigating a commercial case in Illinois can require use of judicial precedent that has yet to be translated into English.

JUDGES DISAGREE ON STATE'S EFFORTS TO SERVE SUMMONS ON LANDOWNER
The Illinois Appellate Court split 2-1 on whether the state established that it was entitled to use an unconventional method of serving summons, under section 2-203.1 of the Illinois Code of Civil Procedure.

DOCTRINE OF MERGER DOES NOT APPLY TO 'INSTALLMENT AGREEMENT'
Finding that an installment agreement for repayment of a debt did not amount to a settlement contract that would have compromised a claim, the Illinois Appellate Court ruled that the doctrine of merger did not bar a breach-of-contract case against a young doctor.

COURT OKS DECLARATORY CHALLENGE ON AGENCY'S QUASI-LEGISLATIVE ACTION
In a fight between a school board and an oversight panel, the Illinois Appellate Court reviewed the nuances of administrative review; common-law certiorari; the difference between quasi-judicial and quasi-legislative conduct; and using a claim for declaratory judgment as a method for attacking administrative action.

CORPORATE TORT PUTS SPOTLIGHT ON ROLE OF LEADERS
When breach of contract by a corporation drifts into the tort of conversion (such as when a company fails to return leased property), corporate officials can wind up as defendants.

LANDLORD NOT LIABLE FOR TENANT'S DOG
Distinguishing and rejecting out-of-state cases, the Illinois Appellate Court concluded that two landlords were not liable in a dog-bite case, even if they knew their tenants had a dangerous dog.

COURT CLARIFIES 'MYSTERIOUS' RULE ON PENALTIES AND LIQUIDATED DAMAGES
Clarifying a murky area of Illinois contract law, the 7th U.S. Circuit Court of Appeals reversed a judgment holding that a liquidated damages clause was an unenforceable penalty.

NEW U.S. JUDGE DECIDES ILL. WOULD OK TORT CLAIM FOR 'STOLEN' TV SIGNALS
What is becoming a tradition for new federal judges in the Northern District of Illinois is having to figure out how the Illinois Supreme Court would rule on conversion claims involving intangible property.

ECONOMIC LOSS RULE KNOCKS OUT PORTION OF CONTRIBUTION CLAIM
The second contribution question presented by the case of the moldy house was whether a contribution claim was barred by the economic loss rule. 

LACK OF ALLOCATION IN ACCORD TRIPS UP SETTLING PARTIES' CONTRIBUTION CLAIM
An important lesson on the law of contribution, from the case of a mold- infested house, is that a lawyer drafting a settlement agreement for a defendant that intends to ask for contribution should expressly allocate the amount of the settlement among the settling parties.

REVIVED STATUTE OF REPOSE WAS NOT AUTOMATIC DEATH KNELL FOR LAWSUIT
Strictly applying the void ab initio doctrine, a Lake County judge dismissed a malpractice claim, but because this result would be fundamentally unfair the Illinois Appellate Court reversed.

COP WINS GO-AHEAD FOR LAWSUIT ALLEGING PRIVACY VIOLATION
The 7th U.S. Circuit Court of Appeals ruled that a police officer who is ordered to sign a consent form and submit to a psychological evaluation may sue for alleged violations of the Illinois Mental Health and Developmental Disabilities Confidentiality Act.

WHO'S THE BOSS? AFFILIATED ENTITIES OBSCURE IDENTITY OF TRUE EMPLOYER
Affiliated corporations can obscure the identity of an injured worker's employer. And a light fog can turn into a dense cloud of confusion as lawyers handle separate workers' compensation and tort claims against related firms.

ILLINOIS LICENSE NOT NEEDED FOR ENGINEER TO TESTIFY AS EXPERT
Is a civil engineer disqualified from providing an opinion pursuant to Illinois Supreme Court Rule 213 if he is not licensed in Illinois?

PLAINTIFF QUALIFIES FOR QUI TAM CASE, DESPITE USE OF FOIA MATERIAL
A plaintiff may not sue under the False Claims Act based on publicly disclosed information unless he was an original source of the relevant knowledge. But what if he used the Freedom of Information Act to obtain the material that supports a qui tam complaint?

HEART ATTACK CASE CAUSES HEADACHE UNDER WORKERS' COMP LAW
An Illinois Supreme Court ruling designed to clear up confusion with "preexisting conditions" in workers' compensation claims caused a lingering headache in a heart attack case.

SUPREME COURT RULE ON AFFIDAVITS LIMITED TO THREE CATEGORIES
Two common mistakes with affidavits are (1) ignoring the requirements of Supreme Court Rule 191(a) and, at the other extreme, assuming Rule 191(a) applies to every affidavit submitted during litigation.

RESTITUTION REPRESENTS IMPORTANT ALTERNATIVE TO DAMAGES IN FRAUD CASE
A Mortal Kombat manufacturer case sets out useful guidelines for invoking the alternative of restitution in cases where the profit from an intentional tort exceeds the amount of harm to the plaintiff.

VERDICT AGAINST GAME MAKER REVERSED BECAUSE OF FAULTY JURY INSTRUCTIONS
In cases where the profits generated by an intentional tort exceed the amount of harm sustained by the plaintiff, restitution provides an important alternative to the traditional remedy of damages.

VT HIGH COURT ADOPTS EMERGING RULE ON SCOPE OF EMPLOYMENT FOR POLICE
Criminal sexual assaul is far outside the scope of an on duty police officer's duties, but if the officer was aided in accomplishing the tort by his official status, should his employer be held vicariously liable for the wrongdoing?

GOOD FAITH RESTRAINED RIGHT TO KILL CONTRACT
A real estate contract that appeared to give the seller an unfettered right to terminate the agreement did not really grant an absolute right to back out of a deal.

FEDERAL RULINGS SPLIT OVER SPLITTING LIABILITY IN VERDICT FORMS
U.S. District Judge Matthew F. Kennelly predicted the Illinois Supreme Court would rule that settling defendants should be included on a verdict form for apportioning fault.

LIES, IMPOSTORS AND FORGERY AKIN BUT NOT EQUAL IN COMMERCIAL LAW
The Illinois Appellate Court had to choose between two conflicting lines of authority on whether the "impostor defense" applies when someone uses a forged document (such as a notarized settlement agreement, with the forged signature of a client) to obtain a negotiable instrument.

VICARIOUS LIABILITY: WORKER NOT 'LOANED' UNLESS EMPLOYER CUT ALL STRINGS
Proper analysis of a loaned employee argument depends on whether you are dealing with a workers' compensation case or a tort claim.

NURSE SUBJECT TO 'FIREMAN'S RULE' IN SUIT AGAINST ALZHEIMER'S PATIENT
Carving out an exception to the general rule on tort claims against a mentally deficient person, the New Jersey Supreme Court ruled that a health care worker may not sue a mentally incompetent patient for personal injuries. 

WHEN DOES A DISPUTE WARRANT A DECLARATORY JUDGMENT?
Figuring out when a controversy is ripe for declaratory judgment -- but not too ripe -- still mystifies many attorneys. But even Appellate Court justices dealing with the same claim can disagree on when this remedy is barred.

MILLION-DOLLAR VERDICT VANISHES DUE TO LACK OF SUBJECT-MATTER JURISDICTION
A jurisdictional wrinkle meant that a million-dollar verdict for the plaintiff in an age discrimination case -- filed under federal law in St. Clair County Circuit Court -- had to be tossed out because the Illinois Human Rights Act deprived the Circuit Court of subject-matter jurisdiction.

COURT CHANGES DIRECTION ON IMMUNITY FOR TRAMPOLINE CASES
Rejecting a 1998 ruling, the Illinois Appellate Court concluded that the Tort Immunity Act does not bar a complaint alleging that the plaintiff was injured by willful or wanton conduct during a hazardous recreational activity.

AGGRAVATION OF PREEXISTING INJURY BELONGS IN OTHER DAMAGES
Carefully scrutinizing Illinois precedent, the Appellate Court concluded that Illinois Pattern Jury Instruction No. 30.03 -- listing aggravation of a preexisting condition as a separate item of compensable damages -- is not an accurate statement of Illinois law.

SUPREME COURT CLOSES LOOPHOLE IN FEDERAL SECURITIES LAW
Securities laws provide a potent remedy for people who are suckered into bad deals. But first you have to prove your client invested in a security.

PREMIUMS ON 'DECLARATIONS PAGE' NOT AUTOMATICALLY AMBIGUOUS
Some judges have ruled that when the declarations page of an automobile insurance policy enumerates several vehicles -- with separately listed liability limits for each vehicle -- there is an automatic ambiguity in the meaning of the policy's anti- stacking provisions.

PARENT GETS GO-AHEAD FOR CLAIM INVOLVING CARETAKER SERVICES
Can a parent recover the wages lost while caring for a child who was injured as a result of a defendant's negligence?

BUSINESS EXCLUSION VOID IN AUTO POLICY
When Mom loans the family car to Junior, and Junior lets his girlfriend drive back from a party, the girlfriend is insured under the parental policy. But what if Junior uses Mom's car to earn some money delivering pizza?

HOSPITAL ASSUMES DUTY TO OBTAIN INFORMED CONSENT
Doctors, not hospitals, usually have the duty to obtain informed consent. Cases involving clinical trials illustrate an exception to this general rule.

DEADLINES DRAW LINE FOR DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS
The government sometimes gets to deprive people of a substantial liberty or property interest based on purported facts that have not been established by a preponderance of the evidence. But this skates close to the edge of what is prohibited by the due process clause.

ANTI-SUBROGATION RULE BARS CLAIM AGAINST ADDITIONAL INSURED
Focusing on the fine print in an insurance policy, the Illinois Appellate Court concluded that the anti-subrogation rule barred an insurance company from suing a negligent subcontractor that was an named as additional insured.

JUDGE EXPLORES MURKY ILLINOIS LAW ON ATTORNEY-CLIENT PRIVILEGE
Reconsidering whether some corporate e-mail messages are privileged, U.S. District Judge Moran noted in a personal-injury case that, Illinois privilege law is not a model of clarity.

HEIRS GET AUTOMATIC STANDING TO CONTEST WILLS
If Daddy's fourth will cuts out his daughter, does she have standing to attack the final will if she was also disinherited in one or more of the earlier wills?

PLAINTIFF SETTLES LAWSUIT AND 'PREVAILS' UNDER FEE-SHIFTING STATUTE
You can settle a lawsuit and still qualify as a prevailing party under a fee-shifting statute -- if the settlement agreement gets the right kind of judicial imprimatur.

BAIT-AND-SWITCH CLAIM MAY SUPPORT LAWSUIT ALLEGING RICO VIOLATION
Evidence of an alleged bait-and-switch scheme by a moving company was strong enough to smash a motion for summary judgment in a civil racketeering case.

CARMAKER MUST REPAIR OR REPLACE VEHICLE IN REASONABLE TIME
The crucial question in two consolidated appeals was whether Illinois recognizes a reasonableness standard in breach of express limited warranty cases.

CITY HAMMERS CONTRACTOR WITH FINES TOTALING MORE THAN $350,000
The City of Chicago has massive monetary mallet for pounding contractors who fail to comply with the building permit requirements of the Municipal Code.

VERTICAL PRIVITY PITS ILLINOIS COURTS AGAINST FEDERAL APPEALS COURTS
In a moment of submissiveness, the Illinois Supreme Court proclaimed its willingness to follow federal rulings -- even though they are not binding -- so that U.S. statutes such as the Magnuson-Moss Act will have a uniform interpretation.

PROTEST AGAINST LIQUOR TAX RUNS DRY BECAUSE CHALLENGER LACKED STANDING
Vodka might be a necessity in Russia -- but not Illinois. This meant a Chicago attorney lacked standing to attack the constitutionality of a new Illinois liquor tax imposed on distillers and importing distributors.

COURTS SPLIT ON AUTOMATIC INSURANCE WHEN MOTORISTS BUY SECOND CARS
There are split decisions from the Illinois Appellate Court on the automatic insurance provision in auto policies.

GAS EXPLOSION LEADS COURT TO CREATE NEW DUTY TO WARN
Janice Adams stepped into her house, flicked on a light and died in an explosion. A lingering echo from that explosion is an important new Illinois Supreme Court decision.

COURT CLIPS COMED IN EASEMENT CASE; LANDOWNERS SUED FOR HATCHET JOB
An easement that lets Commonwealth Edison trim vegetation is not a license to destroy trees and bushes.

CONTRIBUTION CLAIM STAYS VIABLE DESPITE SETTLEMENT WITH CO-WORKER
Diving into a pile of opinions and the drafting history of the Contribution Act, the Illinois Appellate Court reversed a ruling that dismissed a defendant's contribution complaint against an employer after the plaintiff settled a tort claim against a co-worker.

ILLINOIS CHILD ABUSE REPORTING STATUTE SETS NO STANDARD OF CARE
A statute provides the applicable standard of care in a negligence case only if the defendant owed a tort duty to the plaintiff.

NEWSPAPER FINDS SAFE HARBOR IN RIVERBOAT DEFAMATION CASE
A Chicago Sun-Times article that referred to a casino investor as an organized crime figure was not defamatory.

COURT CONTINUES FIGHT OVER SCOPE OF RESTATEMENT'S SECTION 414
Criticizing a recent 4th District Appellate Court opinion that critiqued a 1st District ruling on section 414 of the Restatement (Second) of Torts, the 1st District affirmed summary judgment in favor of a construction company.

RESTITUTION, DAMAGES, TORT IMMUNITY AND RULE FOR REMAND
The one-year statute of limitations provided by the Local Governmental and Governmental Employees Tort Immunity Act does not apply to a claim for restitution because a claim for unjust enrichment does not seek damages.

COURT NIXES ALTERNATIVE VALUATION USED TO SPLIT PENSION BENEFITS
The Illinois Appellate Court reversed a decision using one possible method for calculating the marital portion of a disability plan, and remanded for recalculation using the widely accepted method adopted in In re Marriage of Hunt.

DEALING WITH CONFLICTING CASES ON VACATION EARNED IN ARREARS
If an employee who gets two weeks' paid vacation a year quits before using any of that annual allotment, he is entitled to payment of two weeks' salary. And he might be entitled to a portion of the vacation time earned for the following year.

CORPORATION GETS TO CLAIM EXCEPTION TO ATTORNEY/CLIENT PRIVILEGE
Does the attorney/client privilege exception apply when a closely held corporation files a claim against a minority shareholder alleging breach of fiduciary duty?

NO SOVEREIGN IMMUNITY FOR 'INTAKE' DECISION AT STATE MENTAL HOSPITAL
Clarifying Illinois law, the Supreme Court ruled that sovereign immunity does not apply when mental health professionals who work for the state allegedly commit malpractice during an intake evaluation at a state facility.

LAWMAKERS HAD AUTHORITY TO QUASH RECONSIDERATION OF TAX DEED RULINGS
A week after the 3d District Appellate Court decided that the Illinois General Assembly violated the constitutional separation of powers when it enacted a law authorizing non-lawyers to represent corporations in small-claims cases, the 1st District concluded that the legislature had the authority to eliminate motions for reconsideration in tax deed cases.

TURF WARS: PAIR OF RULINGS STAKE OUT NEW GROUND ON SEPARATION OF POWERS
Arguments about separation of powers sparked two new Illinois Appellate Court opinions spaced a week apart.

WAGE DEDUCTION LIEN UNDER STATE LAW NOT 'SECURED' UNDER BANKRUPTCY LAW
When a judgment-creditor obtains a lien on the debtor's wages under the Illinois Wage Deduction Act and the debtor files for bankruptcy under Chapter 13, does the creditor have a secured claim?

HYBRID EVIDENTIARY TEST OKD FOR SUIT OVER MEDICAL DEVICE
In a strict liability case involving an allegedly defective medical device, the defendant was entitled to present evidence of the risks and benefits of the product.

DOCTOR GETS GREEN LIGHT TO TESTIFY ABOUT 'POSSIBILITIES' BEHIND DIAGNOSIS
Medical diagnosis is part science and part art.

COURT GIVES GO-AHEAD FOR CONSPIRACY CLAIM AGAINST STATE EMPLOYEES
The doctrine of sovereign immunity doesn't bar the circuit court from asserting jurisdiction over a lawsuit accusing state employees of civil conspiracy involving violation of state law.

7TH CIRCUIT TAKES A PEEK AT NEW RULE ON CITY LIABILITY FOR POLICE MISCONDUCT
In a respondeat superior case against Chicago, the 7th U.S. Circuit Court of Appeals noted that scope of employment should be interpreted more broadly when the employee is a police officer.

SQUABBLES WITHIN ASSOCIATIONS MERIT COURT INTERVENTION ONLY RARELY
Biased decision-making by a voluntary organization doesn't justify judicial intervention, though collusion would.

COURT SAYS NEW FORUM-SELECTION LAW APPLIES ONLY PROSPECTIVELY
Corporations fiercely complain about legislative meddling in the free market -- except when a new statute helps them make money.

WHEN LANDOWNER'S DUTY INTERSECTS WITH ANALYSIS OF OBVIOUS PERILS
Because the question of duty in negligence cases partially overlaps with the analysis of open and obvious dangers, there is an "apparent contradiction" in the role of judges.

COURT CLARIFIES WORKERS' COMP LAW FOR ACCIDENTS IN PARKING LOTS
In the case of a waitress who fell on ice in a restaurant parking lot, the Industrial Commission Division of the Illinois Appellate Court clarified the rules for when such accidents are covered by the Workers' Compensation Act.

DESTROYING EVIDENCE SHIFTS BURDEN BUT DOESN'T DESTROY DEFENSE
The presumptions drawn against a defendant who destroys key evidence are not conclusive. 

REBUILDING STATUTORY CONSTRUCTION FOR RETROACTIVITY ANALYSIS
A new Illinois law "may" have abolished the fireman's rule. But the statute wasn't given retroactive effect. 

APPEALS COURT SEES VALID TORT CLAIMS FOR VIOLATIONS OF EYE PROTECTION ACT
In the case of a student whose eye was injured in a chemistry class explosion, the Illinois Eye Protection Act gave the school district discretion in deciding whether to provide protective gear. But the Tort Immunity Act did not defeat a personal-injury claim.

DESPITE MURKY ILLINOIS PROCEDURE, RES JUDICATA KILLS FEDERAL CLAIMS
Because of conflicting Illinois case law, it isn't clear what plaintiffs can or should do to preserve federal claims while they exhaust their administrative remedies under state law.

DEBTOR LACKED AUTHORITY TO EXTEND PROVISIONS OF SPENDTHRIFT TRUST
Efforts to prolong the protection of a spendthrift trust were rejected in a bankruptcy case applying Illinois law.

THE INFORMANT MEETS THE ESTOPPEL IN A BATTLE OVER A MILLION STOCK SHARES
In a case involving an Illinois limited partnership and Mark Whitacre, the North Carolina Supreme Court reviewed the history of judicial estoppel, contrasting this fuzzy doctrine with its cousins -- including quasi-estoppel and the mend-the-hold doctrine.

HIRING RESTRICTION IN CONTRACT WINS APPROVAL FROM HIGH COURT
The Illinois Supreme Court split three ways on whether a contract that required the defendant to pay liquidated damages of $15,000 is an unreasonable restraint of trade.

CITY AGREES IT'S GOOD TO BE KING WHEN IT COMES TO STATUTE OF LIMITATIONS
Claiming a right of kings, the City of Chicago argued it was not governed by the five-year statute of limitations when it filed a cleanup claim against an asphalt company that used the dump site a federal mole operated as part of the Silver Shovel corruption probe.

MICHIGAN RESIDENT ENTITLED TO PURSUE CLAIM UNDER ILLINOIS WAGE ACT
Can residents of another state sue under the Illinois Wage Payment and Collection Act?

A FOOT IN BOTH CAMPS, AUTHOR LOOKS BEYOND POLITICS OF MED-MAL DEBATE
The current debate about the steep jump in the premiums doctors pay for malpractice insurance is disappointing because it is basically a rehash of arguments made during the last insurance crisis, and the crisis before that.

EXPLORING 'PERNICIOUS AMBIGUITY' UNCOVERS AMBIGUITY IN TERM ITSELF
Pernicious ambiguity is a pernicious problem. In an upcoming issue of the Chicago-Kent Law Review, Professor Lawrence M. Solan, director of Brooklyn Law School's Center for the Study of Law, Language and Cognition, explains.

SHAREHOLDERS EXPOSED AFTER JUDGE REMOVES THEIR VEIL OF BANKRUPTCY
In a case where two brothers tossed their company into bankruptcy court to stymie a veil-piercing claim in state court, Bankruptcy Judge Cox reviewed the rules for handling alter-ego claims.

MAJORITY'S DICTA DRAWS REBUKE ON 'INDIRECT' DECEPTION IN FRAUD CASES
For the third time, the Illinois Supreme Court ruled that establishing causation in consumer fraud cases requires proof that the plaintiff was deceived.

NEW RESTATEMENT REJECTS DICHOTOMY BETWEEN FACT, LAW FOR RESTITUTION
In the law of restitution, the long-standing distinction between mistakes of law and fact is under attack.

COURT FINDS THAT PLAN 'B' STANDS FOR BAD-FAITH SETTLEMENT
The fire that destroyed art galleries in the River North area of Chicago in 1989 is still creating new law.

JURY STILL OUT ON 'OPTIMAL' APPROACH TO CONTRACT INTERPRETATION
This Trial Notebook, the last in a five-part series on the Berryman debate, looks at Harvard Law School Professor Steven Shavell's article, On the Writing and the Interpretation of Contracts.

CONTRACT COMPLEXITY IS ONE CLUE FOR COURTS SEEKING JUST APPROACH
Continuing with a five-part series of articles on the hundred-year battle over form versus substance in contract cases.

CONTRACT INTERPRETATION DEBATE SWIRLS IN REALM OF LAW AND ECONOMICS
The latest skirmish in the long-running battle over form versus substance in contract interpretation is this Illinois Appellate Court's 2-1 ruling.

JUSTICE SEES AMBIGUITY IN CONTRACT, BUT MAJORITY TAKES LITERAL VIEW
Continuing the old debate of form versus substance in contract interpretation, an Illinois Appellate Court majority decided to literally apply paragraph 8 of a contract between a broker and a trucking company. 

APPELLATE JUSTICES CARRY ON DEBATE OVER CONTRACT INTERPRETATION
A century-old debate about contract interpretation is still raging in Illinois. 

FACT-PLEADING RULE APPLIES TO SUIT LABELED AS CLASS ACTION
Can the defendant move to strike class-action allegations for lack of sufficient factual detail, or can the plaintiff just generally allege that the case is being brought as a class action -- with the supporting facts presented when the trial judge decides whether to certify the case as a class action?

WHAD'YA (WANNA) KNOW?
Maybe the Law Bulletin can help. Send perplexing, vexing and plain old interesting legal questions to me at garmisa@hoeyfarina.com.

FACT-PLEADING RULE SAVES EXECUTIVE FROM LIABILITY IN ENVIRONMENTAL CASE
The strong shield that articles of incorporation provide to corporate officers isn't bulletproof. But the fact-pleading requirement imposed by Illinois law strengthened this armor enough to save a corporate officer.

LAW PROF SUGGESTS THAT ANGRY DOCS MAY BE PRESCRIBING WRONG REMEDY
One of the best arguments against caps was delivered by a Harvard professor in a speech to an insurance association last year.

JUSTICE REVIEWS THE UNEASY CAREER OF JOINT ACCOUNTS
Joint accounts are puzzling creatures. The Illinois Supreme Court wrestled with the conceptual difficulties of joint accounts nearly 50 years ago as quoted in Justice Robert E. Byrne's new ruling.

COURT UPHOLDS NEGLIGENCE CLAIM ALLEGING INSURER HAD ROLE IN MURDER
Applying long-standing negligence rules to a new situation, the Illinois Supreme Court decided that an insurance company can be sued for negligence when its careless conduct contributed to causing the murder of an insured.

JUDGE GIVES STEP-BY-STEP INSTRUCTIONS ON PARSING FAULT IN CONTRIBUTION CASE
When the fault allocated to an employer in a contribution case translates to an amount that exceeds the so-called Kotecki cap, is the cash that cannot be collected from the employer uncollectable under the Illinois Joint Tortfeasor's Contribution Act?

NO DISCOUNT FOR COLLATERAL SOURCE IN PERSONAL-INJURY CASE
When medical bills for a broken leg total $19,000 but a health insurance company has to pay less than $14,000 because it negotiated a discount, how much of the tab does the plaintiff get to collect in a personal-injury case?

CONSUMER FRAUD ACT EXTENDS TO COVER BUSINESS' ALLEGEDLY UNFAIR CONDUCT
The Illinois Consumer Fraud and Deceptive Business Practices Act also outlaws unfair acts and practices.

MOORMAN DOCTRINE KILLS CLAIM ALLEGING REAL ESTATE MALPRACTICE
In a case where a real estate firm allegedly botched a sale-leaseback transaction, the Moorman doctrine killed a malpractice claim, but a negligent misrepresentation claim survived a motion to dismiss.

U.S. SUPREME COURT CLARIFIES JURISPRUDENCE OF JURISDICTION
Even the U.S. Supreme Court has been sloppy with the word jurisdiction.

COURT SPLITS ON CLOSELY BALANCED CASE; MAJORITY REVERSES DIRECTED VERDICT
Mere conjecture and speculation will not support a verdict for the plaintiff. But circumstantial evidence can be enough to prove a case -- even if this evidence also could sustain contrary conclusions.

TORT LAW - STATUTORY NOTICE
Trial court correctly dismissed personal-injury claim against transit authority because plaintiff failed to strictly comply with Metropolitan Transit Authority Act requirement that plaintiff's notification specifically identify location of accident that resulted in injury.

JUSTICES SPLIT ON MAINTENANCE, LEAVE DOOR OPEN FOR MODIFICATION
After more than 30 years of marriage, Mary Anne Reynard asked for $3,750 a month in maintenance to equalize her net income with the net income of her ex- husband, Charles Reynard.

COURT REJECTS 'TRANSPARENT' BID TO TRIGGER INSURANCE COVERAGE
Attempting to trigger insurance coverage for minors who are alleged victims of sexual abuse, the attorney representing the children filed a negligence claim against the wife of the alleged attacker. 

NO CLEAR PICTURE OF ILLINOIS LAW
Does theft of an encrypted television signal amount to conversion under Illinois tort law?

COURT GROUNDS PILOT'S INJURY CLAIM AGAINST DOWNTOWN INNKEEPER
Although, in a general sense, an innkeeper owes a duty of ordinary care to guests, the key question for the Illinois Appellate Court was whether a Chicago hotel was obligated to protect a Lufthansa pilot from an unusual electrical accident that allegedly ended his career.

APPELLEE GETS CHANCE TO ADVANCE CASE ON INTERLOCUTORY REVIEW
Interlocutory appeals are permitted in only a few strictly limited situations in Illinois. 

JUDGE ERRED IN GIVING INTERROGATORY ON OBVIOUS DANGER OF COMPACTOR
Submitting a special interrogatory that asked whether a hazard was "open and obvious" was reversible error in a product liability case based on negligence.

U.S. JUDGE INVOKES THREE-PART TEST TO FIND 'COMPLETE PREEMPTION'
When a successful entrepreneur cashes out of a company, it isn't unusual for the buyout agreement to touch on a benefit plan that's governed by the Employee Retirement Income Security Act.

LETTER TO WIDOW ALMOST QUALIFIES AS 'CLAIM' AGAINST ESTATE
The strict statute-of-repose for claims against a decedent's estate is ameliorated by a lenient set of rules for what adds up to the kind of demand that, when submitted to an executor, satisfies the deadline without requiring a lawsuit.

COURT CITES CONTRACT TO CLEAR CONFUSION IN CONSTRUCTION CASES
Illinois cases on section 414 of the Restatement (Second) of Torts are somewhat confused. Section 414 -- governing liability for the negligence of an independent contractor -- gained increased importance in Illinois with the 1995 repeal of the Structural Work Act.

CHARGE OF WITNESS TAMPERING REIGNITES FIGHT OVER CUTE, CUDDLY CREATURES
Two noteworthy errors in the case of Beanie Babies vs. Screenie Babies involved mistakes in handling allegations of witness tampering.

JOCK SHOCK: BROADCASTER LOSES CONTRACT CLAIMS AGAINST STATION
In the case of a radio personality who allegedly quit a job in New Mexico because he believed he had a five-year employment contract in Chicago, U.S. District Judge James F. Holderman ruled...

APPEALS COURT SUGGESTS ALTERNATIVE FOR REMEDYING RULE 213 VIOLATIONS
At trial, when gushing experts spout opinions that failed to bubble to the surface during discovery, opposing counsel are often splattered with the new opinions the same time as the jury. 

JUDGE ADVOCATES TRIAL ON PAPERS TO AVOID MENTAL GYMNASTICS
In the case of a Lexis editor who filed a claim for long-term disability benefits after moving from Michigan to Evanston, I was curious to see who she picked.

RULING BY MOTION JUDGE TRUMPS TRIAL JUDGE'S BID TO OVERRULE
While trial judges have plenty of latitude in reversing their own discretionary rulings on discovery disputes, they don't have the same freedom in reconsidering the judgment calls of a motion judge.

HIGH SCHOOL FOOTBALL COACH SACKS ANTITRUST DEFENSE IN DEFAMATION CASE
High school football is serious business in Lake Forest, though coaching controversies in this big-bucks North Shore suburb are fought with intensely personal campaigns of petitioning, lobbying and litigation rather than fisticuffs.

SUPREME COURT DEBATES DEFENSE IN CLAIMS AGAINST SERVICE PROVIDERS
Ignited by disagreement in the Illinois Supreme Court, a hot topic in malpractice claims against service providers is the scope of the defense of contributory negligence.

TRUSTING GOVERNMENT OFFICIAL COSTS FINANCIAL COMPANY PLENTY
Claiming fraud against the government is a tough sell, even when there's detrimental reliance on an intentional, written misrepresentation by a government administrator.

COURT VETOES JURY INSTRUCTIONS BASED ON INTERNAL CTA RULES
Internal rules and procedures of the Chicago Transit Authority do not have the force of law and should not be used in negligence jury instructions based on Illinois Pattern Instruction No. 60.01.

NEW RULING ROLLS OVER OLD CASE ON REMEDIAL MEASURES
When a bus driver is sanctioned by his employer and sent for retraining after an accident, are these steps subsequent remedial measures that may not be mentioned at trial?

CONTRACTORS, INSURERS LAUNCH BATTLE OF THE FORMS
There's a battle of the forms with additional insured endorsements.

FIGHT OVER ATTORNEY FEES NOT EXCLUDED UNDER TERMS OF MALPRACTICE POLICY
In the case of a malpractice claim against a bankruptcy attorney, an ex-client -- in addition to seeking a refund of fees -- also alleged the defendant was negligent in not having his fees discharged in the bankruptcy case where the fees were earned.

APPEALS COURT UNFURLS WELCOME MAT FOR OUT-OF-STATE LAWYERS
Illinois has a nice new welcome sign for out-of-state attorneys who want to handle arbitration cases here for their regular clients.

FAILURE TO CALL DEFENSE EXPERT CALLS FOR MISSING WITNESS INSTRUCTION
Despite defense claims that testimony from their reconstruction expert would have been cumulative, the Illinois Appellate Court ruled a trial judge erred by refusing to give a missing witness instruction when the defendants failed to call their expert at trial.

U.S. JUDGE REACHES SPLIT DECISION ON PREEMPTION OF ILLINOIS TORT CLAIM
Cases are all over the map on whether federal law preempts tort claims against airlines under state law.

STATUTE CONVERTS CONTRACT FOR FARMLAND AND CROPS INTO MORTGAGE
Scoring a victory with the portion of the Illinois Mortgage Act that codifies the doctrine of equitable mortgages, two defendants in a specific-performance case argued that a contract for deed was merely security for a loan.

STATE SUPREME COURT HAS ITS SAY ON DICTA VS. DICTA
Not all dicta are created equal. There's obiter dicta, and there's judicial dicta.

JUSTICES DEBATE LIMITS FOR CLAIMS ALLEGING SPOLIATION OF EVIDENCE
In the case of a dismantled sidewalk, Illinois Appellate Court justices engaged in an intense and important debate on where to draw the line for claims alleging spoliation of evidence.

COURT DECIDES 30-DAY RULE NO BAR TO REQUEST FOR RETRIAL ON ALL ISSUES
A motion for new trial has to be filed within 30 days of judgment. But what if...

ACTUAL KNOWLEDGE OF TARIFF REQUIRED TO LIMIT TRUCKING COMPANY'S LIABILITY
In 1995, Congress modified the requirements for trucking companies that want to reduce their liability for damaged shipments covered by the Carmack Amendment. Eight years later, courts are split on precisely when a carrier's limitations on liability apply.

WIDOW GETS INCREASED INSURANCE COVERAGE AS RESULT OF TIMING
The underinsured motorist coverage available to a wife for an accident that killed her husband jumped from $40,000 to $1 million because the Illinois General Assembly changed the word insured to applicant in part of the Insurance Code.

COURT LIMITS TRANSFER OF LIEN PHYSICIAN BROUGHT IN ACCIDENT CASE
Some statutory liens are assignable, but some aren't. Thwarting debt collectors who take assignments of physicians' liens, the Illinois Appellate Court ruled these statutory encumbrances may not be assigned in Illinois.

DEFENDANT GETS BURDEN OF ACCOUNTING TO SHIFT CASE FROM MADISON COUNTY
Applying Illinois Supreme Court precedent, the crucial venue question of whether a company is "doing business" in a particular county can turn on a painstaking financial analysis of the amount of revenue generated by the corporation in that county, compared with the total amount of the defendant's business. This, in turn, raises the question of who has the burden of calculating and proving the relevant levels of economic activity.

COURT FINDS NO KINK IN AD REGULATIONS THAT CHIROPRACTOR CHALLENGED
In the case of a chiropractor who advertised he was a "Certified Brain Stem Specialist," the Illinois Supreme Court administered a spinal adjustment to the Department of Professional Regulation.
An order reprimanding the doctor and imposing a fine of $2,500 was tossed out because the Medical Disciplinary Board was unlawfully constituted with a temporary replacement for the sole chiropractor on the board.

STATUTE OF FRAUDS PULLS PLUG ON ELECTRIC COMPANY'S CLAIM
A claim by an Illinois electric company alleging a $34 million oral agreement to buy coal was short-circuited by the Uniform Commercial Code's Statute of Frauds.

PIECING TOGETHER INSURANCE COVERAGE FOR ROOFING WORKER'S INJURY
In construction cases, additional insured endorsements still spark puzzling coverage disputes.

HIGH COURT ELIMINATES USELESS ACT INVOLVING VOLUNTARY DISMISSALS
If you decide to voluntarily dismiss a case after your complaint is tossed out with leave to re-plead, you don't have to go through the useless exercise of filing an amended complaint and, then, immediately filing a motion to drop the case.

CUSTODY ORDER DEEMED A NULLITY IN INTERLOCUTORY APPEAL Part II
The Cook County Circuit Court was reversed for ruling that a petition filed under section 2-1401 of the Illinois Civil Practice Law did not provide the proper mechanism for attacking interlocutory orders as void or voidable.

COURT EXAMINES PROCEDURES FOR ATTACKING 'VOID' INTERLOCUTORY ORDERS Part I
How do you challenge a void order that's interlocutory?

JUDGE EXPLORES CONTOURS OF DEFENSE AGAINST SEXUAL HARASSMENT CLAIMS
Judges are still exploring the boundaries of an affirmative defense in sexual harassment cases filed under Title VII of the Civil Rights Act of 1964.

ESTATE ATTORNEY DISQUALIFIED FROM REPRESENTING EXECUTOR IN LAWSUIT
The Illinois Appellate Court concluded a lawyer was properly disqualified from representing an executor in a lawsuit filed by the beneficiaries of a decedent's estate because the lawyer actually represented the beneficiaries by briefly representing the estate.

JUDGES DEBATE PETITION FOR FEES SOUGHT BY UNREGISTERED LAW FIRM
Make sure your law firm has a registration certificate from the Illinois Supreme Court. The Illinois Appellate Court ruled that an order granting more than $30,000 in fees was void because the defense firm lacked a registration certificate.

SOMETIMES EVEN THE LAW IS BETTER IN THE BAHAMAS
The question in the case of an Illinois resident who died in an accident at a resort in the Bahamas was which jurisdiction's tort law applied.

COURT SORTS OUT COMPLICATED CASE CONCERNING CONTINGENCY FEES
A law firm handling a contingency fee case in a commercial dispute had its fee shaved after a $4 million recovery because of a ruling in a separate divorce proceeding.

JUDGES SPLIT ON VALUE OF GOODWILL IN DIVISION OF MARITAL ASSETS
Splitting on whether the personal goodwill of a husband's dental practice should have been included when calculating the value of marital assets, the Illinois Appellate Court ruled there is an exception to In re Marriage of Zells in cases where a spouse waives maintenance.

THE FREEDOM TO DEFAME ACT?
Web sites that republish someone else's articles are immune from defamation and false-light claims under state law -- even if the people who run the site know the articles are false and defamatory.

JUDGE EXPRESSES SYMPATHY FOR PARTY BUT APPLIES SHAKY ILLINOIS CASE
Despite discomfort with a recent Illinois Appellate Court decision, Chief District Judge Kocoras denied a motion for reconsideration by a corporate president who argued he qualifies as an employee under the Illinois Wage Payment and Collection Act.

COUNTDOWN FOR APPEAL KEEPS RUNNING DESPITE POST-JUDGMENT FILINGS
Confused about when to file an appeal, a defendant waited until the trial judge entered a special finding that there was no just reason for delaying appeal. This was too late.

FIGHT OVER LIS PENDENS CLAIMS YIELDS SPLIT DECISION FOR LITIGANTS
Having lost $55 million because of an alleged scheme to funnel money out of now-bankrupt Edgewater Hospital, Dexia Credit Local filed a lawsuit against various defendants, including Edgewater Property Company and PGR Properties Inc.

SPECIAL CIRCUMSTANCE SUPPORTS FIDUCIARY DUTY CLAIM AGAINST INSIDERS
The scope of cases where a corporation's creditor files a complaint accusing a corporate insider of breaching a fiduciary duty owed to the creditor remains murky.

REVISED RULING CONCLUDES ARGUMENT WAS WAIVED FOR LACK OF INSTRUCTION
In a revised opinion, the Illinois Appellate Court decided that the defendants in Ozik v. Grammins waived their argument on allocation of fault because they failed to establish that they offered an instruction on this issue.

AVOIDING ABSURDITY THROUGH THE AGES - FROM BOLOGNA TO SPRINGFIELD
Five hundred years ago in England, escaping from prison was a hanging offense. But what if an inmate escaped because the prison was on fire?

HIGH COURT BRIDGES STATUTORY GAPS IN CASE INVOLVING STILLBIRTH
Smoothing out gaps in the Probate and Parentage acts concerning who is a parent and who is an eligible parent, the Illinois Supreme Court ruled that the father of a stillborn illegitimate child is entitled to letters of administration in priority to the deceased mother's mother -- if he can prove paternity.

DEBTORS WIN CLAIM, GET TO COLLECT FROM COLLECTION LAWYERS
In a class action alleging that collection lawyers failed to properly credit the accounts of judgment-debtors for partial payments and garnishments -- thereby improperly inflating the amount of post-judgment interest.

BANKRUPTCY JUDGE REJECTS RODENTS AS REASON FOR REPRIEVE
In the case of a debtor who says rodents ate his business files, the bankruptcy court ruled out a discharge based on failure to maintain adequate financial records.

INSURER LOSES BUNDLE IN A MATTER OF UNVERIFIED TRUST
The prudent approach to negotiating contracts through agents is Ronald Reagan's dictum for dealing with the Soviet Union: Trust but verify.

LAWYER FAULTED FOR OBTAINING DEFAULT IN 2D BID TO COLLECT RENT
A lawyer who obtained a default judgment for unpaid rent in Lake County was held liable in federal court for violating the Fair Debt Collection Practices Act.

POSTAL SERVICE ASSUMED NO DUTY TO PROTECT PUBLIC FROM CHILD MOLESTER
In the case of a 7-year-old girl who was assaulted by a postal employee whose co-workers called him "Lester the Molester," the question of law on appeal was whether the U.S. Postal Service assumed a tort duty under Illinois law. 

BANKRUPTCY JUDGE FAULTS LAWYER FOR 'CONTINUING CONCEALMENT'
A Chicago lawyer's bankruptcy petition was dismissed by a federal judge after the Cook County Circuit Court ruled that the attorney concealed continuing ownership of assets the lawyer says he "actually thought" he had transferred to a creditor.

'WITH PREJUDICE' LANGUAGE WITHOUT EFFECT ON SUBSTANCE OF RULING
Mapping some bewildering missteps, the Illinois Appellate Court's ruling in Dewan v. Ford Motor Co. provides strong guidance on some tricky issues involving appellate jurisdiction, res judicata and the law of the case.

ILLINOIS CONSUMER FRAUD ACT APPLIES TO NATIONWIDE CLASS ACTION
Does the Illinois Consumer Fraud Act reach out to protect consumers all across the country?

SURETY SECURES CHANCE TO INVOKE RESTATEMENT OF SECURITY DEFENSE
Denying an obligee's motion for summary judgment on a surety bond, U.S. District Judge Ronald Guzman detailed the Illinois rules on the concealment defense.

JUDGE CONFRONTS CONFLICTING CASES ON CONTRACT WITH UNLICENSED ARCHITECT
U.S. District Judge Ronald Guzman had to decide whether a contract claim by an unlicensed architectural firm is unenforceable.

JUDGE GIVES NEW TWIST TO OLD VIEW OF HOW TO AVOID ARBITRATION
Who gets to decide in contract cases is whether the agreement is unenforceable because of fraud or unconscionability -- judge or arbitrator?

COURT OKS CLAIM AGAINST LAW FIRM FOR ABETTING ALLEGED TORT BY CLIENT
Apparently for the first time, the Illinois Appellate Court ruled that a complaint stated a valid claim against a law firm for allegedly aiding and abetting a tort by its client.

HIGH COURT SORTS OUT 'CONTINUING TORT' OF UNFLAGGING EMOTIONAL DISTRESS
Figuring out when the "continuing tort" doctrine applies can be puzzling.

BAILOR GETS INTO BUNDLE OF TROUBLE FOR PICKING COTTON-BALE WAREHOUSER
Denying a summary judgment motion in the case of cotton bales that burst into flames, U.S. Magistrate Judge Nolan detailed the Illinois rules on a bailor's liability for negligence.

7TH CIRCUIT CLARIFIES PRECEDENT ON CIVIL RIGHTS, STATE TORT LAW
A case about a brawl in Springfield's Brew Haus presented the question of whether a tort remedy knocks out a federal civil rights claim.

HEADED OFF AT THE PASS: COURT EXTENDS DOCTRINE ON MOOTING CLAIMS
Tendering a check for $299 mooted a claim for $299 in damages. But what about a case where there's a fee-shifting provision?

LITTLE CHANGES WITH RULING ON REMAND, BUT DIVIDED APPEALS COURT AFFIRMS
A remand with instructions for proceedings "not inconsistent" with the reviewing court's decision leaves a certain amount of wiggle room.

JUDGE'S ROLE IN SETTLEMENT NEGATES DEAL-BREAKING STATUTE OF FRAUDS
In a perfect world, settlement agreements hammered out in chambers would all be memorialized on the spot by either being recited to a court reporter or incorporated in a written order.

'ONE-REFILING RULE' REQUIRES ACTIONS TO MIRROR ONE ANOTHER
The question presented was how strictly to apply the requirements of the Illinois one-refiling rule?

ILLINOIS COURT REJECTS MAJORITY RULE ON AUTO LEASES, MAGNUSON-MOSS ACT
Drilling deep into statutory text, the Illinois Appellate Court scorned as flawed the widely adopted view that vehicle leases are not covered by the Magnuson Moss Act.

HIGH-STAKES CASINO BATTLE SENDS USEFUL PRECEDENT DOWNRIVER
An important public service provided by rich people is the creation of useful precedent.

COURT APPLIES 'DISTRACTION EXCEPTION' TO SHOPPER WHO CHASED RUNAWAY CART
In personal-injury case, what if someone trips over a 1-inch "bump" while trying to stop a rolling shopping cart?

COURT FINDS THAT TARGETED TENDER OF INSURANCE CLAIM MISSED MARK
An attempt by an insured to make a targeted tender misfired because the insured failed to make sure that the targeted carrier received actual notice.

JUDGE ANALYZES 'BORROWING STATUTE' IN CONTEXT OF CONTRACT DISPUTE
Spotting an issue the litigants missed, U.S. District Judge Elaine E. Bucklo had to figure out the state where a fraud claim arose.

COURT REJECTS RESPONDEAT SUPERIOR IN CASE AGAINST CHARITY
When volunteers a camp for sick children went to a tavern and wound up in a deadly accident, the question became whether a jury gets to decide the issue of respondeat superior.

APPELLATE DISTRICTS DEBATE EFFECT OF ORDER WITHOUT NOTICE TO PARTY
When the circuit court has personal and subject-matter jurisdiction over litigants, is an order void if one of the litigants didn't get notice of motion?

DESPITE OPT-OUT, INSURER FORCED TO PAY WORKERS' COMPENSATION CLAIM 
A corporate VP who signed a form opting out of coverage under a workers' comp policy still wound up with benefits under the policy.

LACHES DEFENSE COMES UP DRY IN SUIT TO HALT IRRIGATION
In the case of a well-watered cemetery, waiting a few years before running to court actually helped defeat this defense.

COURT DECLINES TO TAKE NARROW VIEW OF 'BROAD DEFINITION' IN POLICY
Reversing a ruling that rejected a claim for insurance coverage, the Illinois Appellate Court reviewed the rules for determining whether someone is "occupying" a vehicle.

STATUTE ON STATUTES EXTENDS DEADLINE, MAY SAVE YOU GREENS
A self-effacing government attorney who requested anonymity called to question one of the hypothetical situations I cooked up for the Sept. 29 Trial Notebook.

GRADUATED AUTO COVERAGE WAIVED BY INSURER'S FILING WITH STATE
When an insurance company claimed that a driver's liability limits were lowered by a step-down provision, a certificate filed with the secretary of state added up to waiver.

NO ERISA PREEMPTION FOR CLAIM UNDER ILLINOIS CONSUMER FRAUD ACT
When insurance products are purchased for an ERISA plan, does this federal statute preempt a lawsuit against the insurance company for fraudulent inducement?

PART II: 7TH CIRCUIT DECLINES TO EXPAND ILL. LAW ON INSURANCE BROKERS, WHOLESALERS
The second issue in the case of the insurance policy that was $5 million short of what the insured ordered was whether an insurance company could be held liable under Illinois law for alleged negligence of an insurance wholesaler.

PART I: 7TH CIRCUIT WEIGHS IMPLIED INDEMNITY, BREACH OF FIDUCIARY DUTY
A complicated case involving alleged malpractice by an insurance wholesaler presented tricky questions under Illinois law.

FINDING NO MISNOMER, COURT CALLS THIS A CASE OF MISTAKEN IDENTITY
Appealing from a summary judgment in a wrongful-death case, the plaintiff argued that he mixed up Daniel Campos with Daniel Campos.

CLAIM FOR DAMAGES NOT WIPED OUT BY SPECIFIC PERFORMANCE ON LAND DEAL
The Appellate Court reversed an order dismissing a complaint and rejected two Illinois cases that ruled plaintiffs may not recover damages for breach of contract after obtaining specific performance.

INSURER'S AUTO EXCLUSION NO BAR TO NEGLIGENT SUPERVISION CLAIM
The perplexing insurance question in the case of an infant who died of heat stroke after being left in a day care center's sweltering van was whether the negligence arose from use of the vehicle.

COURT ASSESSES TIMELINESS OF APPEAL IN LIGHT OF POST-TRIAL MANEUVERS
The Appellate Court ruled that a trial court order extending the deadline for filing a post-trial motion isn't effective unless the order is entered before the original deadline expires

EXTENSION FOR POST-TRIAL MOTION GRANTED TOO LATE FOR APPEAL
The Illinois Appellate Court recently ruled that a motion for an extension of time for filing a post-trial motion has to be filed -- and the order granting the motion has to be entered -- before the deadline for filing the post-trial motion.

DESIGN DEFENSE DOESN'T APPLY TO BREACH OF WARRANTY CLAIM
When a manufacturer follows design specifications provided by a buyer, does the negligence defense established by Hunt v. Blasius, 74 Ill.2d 203 (1978), apply to a personal injury claim alleging breach of warranty?

INDIVIDUALS INVOLVED IN 'CORPORATION' THAT WASN'T FIGHT SUIT TO COLLECT AWARD
Attempting to collect on an arbitration award against a "corporation" that was never incorporated, a union resurrected a line of old Illinois cases on "partnership by estoppel." 

STIPULATION ON DESIGN FEASIBILITY NOT ENOUGH TO BLOCK REBUTTAL EVIDENCE
Although the defendant in a product liability case stipulated that a safety feature was technologically feasible, at trial the defendant attacked the effectiveness and safety of this very mechanism. 

DO-IT-YOURSELF JUROR INVESTIGATION NIXES VERDICT FOR MAKER OF POWER SAW
When a juror disobeys court orders and conducts his own investigation, what does a litigant asking for a new trial have to establish?

TERMS OF TRUST FAILED TO SHIELD ASSETS FROM MEDICAID'S 'SPEND-DOWN' RULE
Rebuffing the use of a trust to avoid Medicaid's "spend-down" requirements, the Illinois Appellate Court reviewed the "available-assets rule."

UNDELIVERED MAIL EQUALS VIOLATION OF ADDRESSEE'S DUE PROCESS RIGHTS
When a statute or regulation provides for service by certified or registered mail, is there a denial of due process when notice is sent by mail but post office records show the delivery was unsuccessful?

PLAINTIFF TRIPPED UP BY RES JUDICATA IN CASE ALLEGING LEGAL MALPRACTICE
When a claims manager sued defense counsel for alleged malpractice, a Cook County lawsuit was barred by res judicata because...

COURT REFINES RULES FOR JURISDICTION IN CASE INVOLVING INTERACTIVE WEB SITE
When does a Web site provide the basis for long-arm jurisdiction?

SHOWING OF PREJUDICE REQUIRED FOR FINDING OF ARBITRATION WAIVER
When a defendant invokes an arbitration provision after filing a motion to dismiss, does the plaintiff have to show it was prejudiced by the delay to successfully claim waiver of the arbitration clause?

JUDGES AGONIZE OVER POLICE CHASE THAT ENDED IN DEADLY COLLISION
With an impassioned dissent and an anguished majority, the Illinois Appellate Court reversed summary judgment for a Lombard police officer and his employer in a case where a high-speed chase ended with the death of an innocent motorist.

THOUGH NEXT TO FOOTBALL FIELD, PARKING LOT NOT RECREATIONAL PROPERTY
Blocking efforts to swallow the general rule imposing a duty on local government to maintain its property in a reasonably safe condition, the Illinois Supreme Court rejected a broad interpretation of section 3-106 of the Tort Immunity Act.

SUPREME COURT SCRUTINIZES MOTION TO MOVE CASE FROM MADISON COUNTY
Is the Illinois Supreme Court "micromanaging forum non conveniens rulings" from Madison County?

'FEE TAIL' FIGHT FOCUSES ATTENTION ON ANCIENT PROPERTY RULES
A family fight about whether a testamentary conveyance created a "fee tail" called for a short review of centuries of property law.

IDEA FOR NOISY TRAIN TRACK A TRADE SECRET THAT SHOULD HAVE BEEN HUSHED
The 7th U.S. Circuit Court of Appeals acknowledged that a trade secret "is one of the most elusive and difficult concepts in the law to define."

CAR MAY BE SOLD, BUT SELLER STILL HAS STANDING TO BRING WARRANTY CLAIM
When a car purchaser unloads a lemon, does the former owner lose standing to sue for breach of warranty? No, according to Illinois courts. 

FIREMAN'S RULE NO BAR TO SUIT FOR WILLFUL, WANTON MISCONDUCT
Delivering a big victory to "first responders," the 2d District of the Illinois Appellate Court rejected 1st District precedent and found that the fireman's rule does not bar a tort claim by emergency workers injured due to willful and wanton misconduct.

COURT NIXES GOOD-FAITH FINDING, CITES INSURER FOR PLAYING BOTH SIDES OF PACT
Insurance companies that are obligated to indemnify more than one defendant in a tort case might try to save big bucks by engineering settlements that cut off the contribution rights of third parties.

JUSTICES DEBATE AMENDMENT'S EFFECT ON DRAMSHOP ACT, FUNERAL COSTS
The Illinois Appellate Court ruled that the Dramshop Act prevented a widower from recovering damages for the medical & funeral expenses he was to pay when his wife died intoxicated in a car accident. 

RULING BRINGS NEW VIGOR REQUESTS TO ADMIT
The Illinois Appellate Court ruled that a request to admit can properly ask for an admission that specified medical treatment was reasonably required by a particular occurrence.

7TH CIRCUIT REJECTS ILLINOIS CASE ON COMMON-FUND DOCTRINE
The 7th Circuit ruled that the ERISA preempts the common-fund doctrine.

MINOR MISNOMER KILLS MECHANIC'S LIEN SOUGHT BY FAMILY BUSINESS
Is a mechanic's lien effective when it correctly identifies the contractor in the caption, but the text of the form mistakenly identifies the person who prepared the form as the contractor?

COURT CLARIFIES ANTI-KICKBACK LAW FOR REAL ESTATE CLOSINGS
What if a seller winds up paying twice for the same service and only one of the recipients actually performs the service?

COURT OKS CLAIM AGAINST ALLSTATE FOR BREACH OF GOOD FAITH, FAIR DEALING
If a company decides to get rid of a group of employees, is there an obligation to inform them that it is considering a sweetened severance package for workers who stick around?

COURT REJECTS PURPORTED CONFLICT BETWEEN RULES FOR APPEAL BONDS
The billion-dollar question for Philip Morris Inc. was the puzzling interplay between Illinois Supreme Court Rules 305(a) and (b).

COURT SHARPENS FOCUS ON EVIDENCE PROFFERED FOR LOW-SPEED COLLISION
Is evidence of a small amount of property damage admissible -- without a foundation of expert testimony -- to attack a claim that a low-speed auto collision caused bodily injury?

COURT RULES AGAINST JUNK SCIENCE, BUT MAJORITY FINDS ERROR HARMLESS
Insurance companies hate junk science -- except when their experts are peddling the junk.

JUDGE ORDERS INSURER TO PAY POLICY HOLDER FOR GOOD OFFENSE
A good offense sometimes being the best defense, is an insurance co duty to defend broad enough to cover fees a policyholder incurs by pursuing a third- party claim for indemnification?

VEIL-PIERCING CLAIM NOT BARRED BY PRIOR PROCEEDINGS
Does res judicata bar a lawsuit seeking to pierce the corporate veil of a judgment debtor when the judgment creditor failed to include a veil-piercing claim in the underlying lawsuit, despite allegedly knowing that the corporate defendant was insolvent, and the judgment creditor initially tried to pierce the veil in supplemental proceedings?

JUDGES SPLIT ON ENFORCING ACCORD THAT DEFENDANT BREACHED
A defendant who fails to pay as promised under a post-judgment settlement agreement may not turn around and ask the court to enforce the compromise.

VILLAGE LIABLE FOR FAILURE TO ARREST DRUNKEN DRIVING SUSPECT AFTER ACCIDENT
While municipalities and their employees typically are protected from being sued for failing to enforce laws, this statutory defense does not apply when the failure was willful and wanton.

COURT RULES AGAINST 'PARTIAL ESCHEAT' OF DIVIDENDS ON ABANDONED STOCK
Is there a partial escheat when state officials hold unclaimed stock?

COURT GIVES PLAINTIFF CHANCE TO FILL IN EVIDENCE ON CITY'S POTHOLE REPAIRS
Chicago says it is discretionary, claiming statutory immunity in a case where the plaintiff allegedly tripped in an improperly repaired pothole.

IF JURISDICTION REVOLUTION IS REAL, FREEMAN'S A COUNTERREVOLUTIONARY
The statutory requirement of contiguity is not a jurisdictional condition precedent in a municipal annexation case.

SUPREME COURT JUSTICES DEBATE JURISDICTIONAL REVOLUTION
The old doctrine of statutory conditions precedent as a jurisdictional requirement is at the heart of a revolution.

MEDICAL MONITORING QUALIFIES AS TORT
Under the Lead Poisoning Prevention Act, all children in Illinois between the ages of 6 months and 6 years have to be screened for lead poisoning.

BLUNDER IN DRAFTING APPEAL PREVENTS REVIEW OF CONFLICTING AGENCY RULINGS
There are split decisions in Illinois on whether a principal can be held vicariously liable after claims against the alleged agent have been dismissed.

CLIENTS MUST SIGN AND SWEAR TO FILINGS MADE PURSUANT TO RULE 216
The client -- not the attorney -- has to sign and swear to a response to a request to admit under Illinois Supreme Court Rule 216.

JUSTICE TRIES TO CLARIFY CONFLICTING LAW ON DENIALS OF INTERLOCUTORY APPEALS
Justice Fitzgerald explained that principles of res judicata would preclude the party petitioning from subsequently raising the same issues contained in the Rule 306 petition in an appeal filed after the conclusion of the new trial.

COURT OKS DECLARATORY JUDGMENT AGAINST DISSATISFIED BUYER
In a case involving the sale of an allegedly defective crawler dozer, the seller won declaratory judgment.

FALL FROM STRETCHER RAISES QUESTION ABOUT WILLFUL, WANTON MISCONDUCT
Locating the subtle line between negligence and willful and wanton misconduct was difficult in a case where a patient died after falling from an ambulance stretcher and hitting her head on concrete.

PIPEFITTER FLUNKS RETAINED-CONTROL TEST IN CASE AGAINST GENERAL CONTRACTOR
Attempting to avoid the strict requirements of the retained-control doctrine, a pipefitter argued that the owner created the dangerous condition that caused the accident.

EARLY RETIREMENT REQUIRES NEW MATH UNDER OLD DIVORCE DECREE
An early retirement program can create tricky questions under a dissolution of marriage decree that didn't contemplate this development.

COURT QUESTIONS AGGRESSOR DEFENSE INVOKED IN WORKERS' COMP CASES
Reversing and remanding a ruling by the Industrial Commission, a court revisits the continuing vitality of the aggressor defense.

BROKER FAILS TO PEDDLE DEFENSE UNDER REAL ESTATE LICENSE ACT
A classic breach-of-fiduciary duty case -- a real estate broker who buys property he was asked to help acquire for a principal -- takes a new twist under the Illinois Real Estate License Act of 2000.

APPRAISAL MUCH NARROWER THAN ARBITRATION OF COVERAGE DISPUTE
It might look like arbitration, and it might sound like arbitration, but the appraisal clause in insurance policies isn't a call for arbitration.

FEE PETITION IN ARBITRATION ESTOPS EX-CLIENTS IN FIRM'S COLLECTION CASE
Invoking the doctrine of judicial estoppel in a collection case, two clients couldn't deny that the fees and expenses claimed by their former attorneys were reasonable.

WITH ONE DEFENDANT CLEARED, COURT CALLS FOR NEW TRIAL TO APPORTION FAULT
When a jury apportions liability 10 percent to the plaintiff, and 30 percent each to three defendants, but the judgment is reversed as to one of the defendants, what should the Appellate Court order on remand?

JUDGE TAKES OPPORTUNITY TO SET THINGS STRAIGHT ON 'LOST-CHANCE DOCTRINE'
Although the lost-chance doctrine is six years old, some lawyers -- raised on old notions of proximate cause -- still have a hard time digesting the big change in Illinois tort law.

COURT DECLINES TO EXPAND TORT OF DECEIT BEYOND COMMERCIAL TRANSACTIONS
Does the tort of deceit apply in non-commercial situations?

LAW & ECONOMICS VIEW SUPPORTS EXCEPTION IN DUTY-TO-RESCUE CASES
In a duty-to-rescue case, the 7th U.S. Circuit considered applying an emerging exception to the traditional rule that there is no duty to be a good Samaritan.

NUNC PRO TUNC ORDER CURES CONFUSION WROUGHT BY JURY'S VERDICT
Can a judge enter a nunc pro tunc order dismissing a defendant when the jury returns a verdict against the defendant, but a signed statement the jurors delivered when they returned the verdict said they found in favor of the defendant?

NON-PATTERN JURY INSTRUCTION OKD FOR INDIVIDUAL LIFE EXPECTANCY
Can a jury disregard expert testimony about the expected life span of someone with the decedent's medical problems?

228.htm CREDITOR STRIKES OUT IN BID TO MAKE DEBTOR PAY DECADES-OLD JUDGMENT
The judge dismissed a claim by a frustrated creditor alleging conspiracy, fraudulent conveyance and constructive trust.

COURT COUNTS COUNSEL'S STATISTICS AGAINST DEFENSE IN MED-MAL CASE
Clever use of statistics by a defense attorney undercut the impact of expert testimony in a recent medical malpractice case.

BANKER'S TESTIMONY HELPS SETTLE DISPUTE OVER DECEDENT'S ACCOUNTS
Section 4 specifies to establish the existence of a POD account, a claimant must show that the holder of the account executed a written agreement demonstrating his or her intent to have the proceeds of the account paid to a designated beneficiary at the time of the holder's death.

COURT CONSIDERS STANDARD OF PROOF FOR PAYABLE-ON-DEATH ACCOUNTS
The clear and convincing standard applies when a claimant contends funds were held by a decedent in a Totten trust, or payable-on-death account.

NEW BUSINESS RULE MAY HAVE FAULTS, BUT IT STILL APPLIED TO CONTRACT CLAIM
Illinois still follows the minority rule barring damages for a new business in a breach of contract case.

COURT APPROVES PRETRIAL SETTLEMENT THAT AVOIDS 'EMPTY CHAIR' DEFENSE
The Illinois Appellate Court reversed an order that dismissed a complaint after the plaintiff in a personal-injury case cut a deal with one of the defendants.

EMPLOYEE OR INDEPENDENT CONTRACTOR? COURT BRINGS SHARPER FOCUS TO DEBATE
There is continuing confusion in sorting employees from independent contractors under both common-law rules and administrative regulations.

WORKERS' COMP RULING REJECTS 'NORMAL DAILY ACTIVITY EXCEPTION'
The Illinois Supreme Court rejected the normal daily activity exception to liability under the Workers' Compensation Act.

APPEALS COURT OKS USE OF QDRO TO COVER UNPAID SUPPORT
In what appears to be a question of first impression in Illinois, a qualified domestic relations order can be used in post-dissolution proceedings to grab money from pension plans for unpaid support.

7TH CIRCUIT SORTS OUT ILLINOIS CASES ON RECKLESSNESS, TORT IMMUNITY
There are conflicting Illinois cases on what evidence of recklessness is required to defeat tort immunity for a government employee driving a vehicle in response to an emergency call.

COURT DRAWS MAP TO MICHIGAN FOR CASE AGAINST AUTOMAKER
The final issue in the class-action case alleging that Chrysler failed to disclose paint defects was whether venue was proper in Madison County under the transaction part of the venue statute.

ROLE OF 'DOING BUSINESS' TEST IN DETERMINING VENUE
Exactly how much business is enough to be doing business in a county?

VENUE NOT PROPER IN MADISON COUNTY
When a lawsuit against a manufacturer is based on alleged failure to disclose a product defect, is venue proper in the county where the plaintiffs resided, purchased the product, and claim they were injured by common law fraud and violation of the Consumer Fraud Act?

CONSECUTIVE CONTROL DIDN'T BAR CLAIM BASED ON RES IPSA LOQUITUR
The exclusive control requirement presents difficult questions when a tort plaintiff invokes the doctrine of res ipsa loquitur against multiple defendants who had consecutive control.

CLAIMING IT WAS DUPED INTO LOAN, BANK WINS GO-AHEAD TO SUE ACCOUNTANT
The Illinois Public Accounting Act doesn't automatically protect accountants from malpractice claims by third parties.

COURT GIVES BROAD CONSTRUCTION TO ILLINOIS WHISTLEBLOWER ACT
In an important ruling confirming the broad scope of the Illinois Whistleblower Reward and Protection Act, the Illinois Appellate Court ruled that a false claim doesn't have to be submitted to the state to trigger the qui tam statute.

JUDGES DEBATE CONFLICTING CASES ON 'INSURED CONTRACT' CLAUSES
There's a high-stakes debate in Illinois about the insured contract provision in insurance policies.

DIVIDED COURT ESTABLISHES RULE FOR RETROACTIVITY OF STATUTES
Illinois Supreme Court issued an important ruling that greatly simplifies retroactivity analysis in Illinois by adopting a default rule based on the Statute on Statutes.

PUBLIC-INTEREST GROUP GETS TO SKIP APPEAL BOND IN SUIT AGAINST DEVELOPER
Winning an injunction can be an empty victory if your client can't afford an appeal bond.

COURT REJECTS PRECEDENT ON LIMITATIONS IN CASE AGAINST 'BODY POLITIC' 
A court decided that the four-year limitations period for construction accidents applied to a lawsuit against a government entity, instead of the one-year limitations period that generally applies to claims against units of Illinois government.

HOTEL TAGGED FOR ALLEGEDLY LABELING BUSINESS COST AS TAX CHARGE
An increasingly common tactic by retailers is to advertise a product or service at a particular price and then tack on extra fees and charges. One particularly deceptive variation of this maneuver is to label extra fees in a way that makes them appear to be taxes or other government-imposed charges.

CREDITOR FAILS TO MEET BURDEN ON MORTGAGE ARREARAGE, FEES
Bankruptcy Judge Perkins issued an opinion detailing the required evidence needed to evaluate the reasonableness of the requested fees and expenses.

IMPLIED WARRANTY APPLIED TO LOT BUYERS SAID HAD LATENT DEFECTS
Illinois' implied warranty of habitability applies to a vacant lot that is loaded with doctored fill.

HOSPITAL REQUIRED TO STABILIZE DISTURBED ER PATIENT BEFORE RELEASE 
The 7th U.S. Circuit Court of Appeals reviewed the detailed rules on when a hospital is liable -- under the Emergency Medical Treatment and Active Labor Act -- for releasing a patient who shows up in the emergency room for psychiatric problems.

APPELLATE COURT SORTS OUT CONFLICT RAISED BY MECHANIC'S LIEN CASES
Sorting through the Mechanic's Lien Act, the Illinois Appellate Court decided failure to provide a sworn statement listing work by subcontractors didn't bar a claim by an architect-construction manager.

COMPOUND PREJUDGMENT INTEREST SIMPLY THE NORM, NOT THE RULE 
Examination of the interest calculation.

RECOVERING AGAINST FREIGHT COMPANY FOR TRUCKLOAD OF DAMAGED STOGIES
A case about a shipment of soggy cigars.

FACT-LAW TEST GIVES HOME BUYERS GREEN LIGHT FOR DECEPTION CLAIM 
While a deceptive statement or omission about a question of law generally doesn't violate the Illinois Consumer Fraud Act, the strict fact-law dichotomy has evolved.

TILA RESCISSION DOESN'T REQUIRE FUND TRANSFER BEFORE MORTGAGE IS RELEASED When a borrower rescinds under the Truth in Lending Act, a lender has to release its security interest -- even if the loaned money isn't returned at the same time.

HOT CAR CAUSES EXPENSIVE 'COVER' FOR AUTO DEALERSHIP
Claiming anticipatory repudiation, and invoking the cover remedy, Mr. Hessler bought a Prowler from another dealer for nearly $40,000 over list price.

ASKING JUDGE TO EXPLAIN RULING DIDN'T STOP CLOCK FOR FILING APPEAL 
Filing a post-trial motion that merely asks a Judge to explain the reasons for granting judgment in a bench trial doesn't delay the 30-day period for filing a notice of appeal.

AIRLINE'S LIABILITY FOR LOST JEWELRY HANGS ON CONTRACT OF CARRIAGE
A jewelry saleswoman gets to pursue a big-ticket claim for stolen jewelry based on the airline's alleged breach of contract in refusing to let her take a bag of jewels as carry-on luggage.

NO TEST SEEMS TO WORK FOR DECIDING DISCRIMINATION UNDER CHAPTER 13
The 7th Circuit admitted it was stumped in trying to figure out a good test for when such a plan should be rejected for unfairly discriminating against a class of creditors.

SAFE-DEPOSIT CONTRACT CLAUSE LEAVES BANK ON THIN ICE FOLLOWING GEM CAPER 
The interesting issue in a case where more than $1 million in loose diamonds and jewelry was stolen from safety deposit boxes was whether the jewelers and bank could change their relationship from bailor-bailee to landlord-tenant.

DEFENDANT'S ACID REFLUX DISEASE KNOCKS OUT BREATH TEST IN DUI CASE 
Gastroesophageal reflux disease provided a winning defense against a drunken driving charge.

BACK TO THE FUTURE: ILLINOIS RE-ADOPTS MODERN APPROACH TO ADMISSIONS 
A ruling of first impression on retaliatory discharge claims.

PRODUCT LIABILITY CLAIM FAILS DUE TO PLAINTIFF'S PASSIVE SPOLIATION 
A product liability claim against an auto manufacturer can't count on avoiding dismissal for spoliation of evidence by simply passing along notice from the city that the vehicle is going to be destroyed.

COMED RECONNECTS WITH COURT; JUDGE SWITCHES OFF OVERTIME CASE
Are some employees of Commonwealth Edison entitled to extra pay under the Fair Labor Standards Act and the Illinois Minimum Wage Law?

U.S. COURT CONSIDERS ILLINOIS LAW ON 'EXEMPTION' FOR CORPORATE DIRECTORS 
When does the Illinois Business Corporation Act permits corporate directors to escape personal liability for alleged breach of duty?

ILLINOIS SECURITIES LAW EXTENDS LITTLE PROTECTION TO INCOMPETENT ELDERLY
A vexing problem is that the Illinois Securities Law has no tolling provision for people who are disabled or incompetent.

JUDGE OKS LITIGANT'S CONTRACT CLAIM BASED ON AGREED ORDERS 
Can violation of an agreed order add up to a valid breach of contract claim?

PLAINTIFF MAY ACCEPT SETTLEMENT OFFER - AFTER LOSING SUMMARY JUDGMENT
When a settlement offer has no deadline, can it be accepted after the defendant wins a motion for summary judgment?

ATTORNEY WHO VIOLATED NO-CONTACT RULE GETS SWIFT KICK IN FORM OF FOOTNOTE
Narrowly avoiding a default judgment, a 10-year partner at a big Chicago law firm was flogged by a federal judge for violating the no-contact rule.

JUDGE SAYS EXCEPTION TO PRIVITY RULE COVERS BREACH OF WARRANTY CASES
A lawsuit involving a jailhouse suicide presented an important question about extending the exception to the privity requirement for breach of warranty cases.

COURT REACHES BEYOND 'FOUR CORNERS' IN CONTRACT INTERPRETATION CASE
Courts have moved away from the four corners rule of contract interpretation and toward a more liberal approach, according to Justice Gordon.

PREJUDGMENT INTEREST, AT PRIME RATE, ADDED TO DAMAGES AGAINST FIDUCIARY
A bankruptcy trustee was entitled to prejudgment interest at the average prime rate.

CASES ALL OVER THE MAP ON ACCRUAL OF CLAIMS AGAINST INSURANCE BROKERS
The accrual date for claims against insurance brokers under the 1996 law that shortened the limitations period for such lawsuits to two years.

CITY SUED FOR DELAYING RELEASE OF ARRESTEES UNDER I-BOND RULE
Police officers may release arrested people on a signature bond -- if they are arrested for nonviolent offenses that aren't punishable by jail time.

JUDGE USES COMPARABLE CASES TO SET REASONABLE AWARD IN MED-MAL CASE
Tort verdicts range in size along a bell curve. It's a legitimate concern when similar cases appear at opposite ends of the curve. There's a genuine danger of either over- or under-compensation.

COURT SORTS OUT CASES ON EFFECT OF VOLUNTARY DISMISSAL
If not handled correctly, voluntarily dismissing the agent can result in an automatic judgment for the principal.

COURT SEPARATES NURSING HOME CASES FROM REQUIREMENTS FOR MED-MAL CLAIMS
The Illinois Supreme Court ruled that lawsuits filed under the Nursing Home Act never require the certificate of merit and supporting report mandated by the Healing Arts Malpractice Act.

DEVELOPER STRIKES OUT WITH BID TO INVOKE DOCTRINE OF LACHES
Does the defense of laches prevent a neighbor from obtaining relief for alleged zoning violations from a condominium developer.

ILLINOIS DOCTORS STRIKE OUT WHEN SUING HOSPITALS UNDER FALSE CLAIMS ACT
As much as doctors might detest litigation, they seem to be increasingly enamored of filing False Claims Act cases against hospitals.

SUPREME COURT REVIEWS COMMON LAW ON CERTIORARI, OLD APPELLATE CASES
The common law writ of certiorari doesn't get much mileage in Illinois anymore.

COURT FINDS UNCONSTITUTIONAL HEFTY FINE LEVIED IN TAX CASE
Big civil fines can violate constitutional bans on excessive punishment.

APPEALS COURT TOSSES OUT NON-PATTERN INSTRUCTION ON EMOTIONAL DISTRESS
Since the Illinois Pattern Jury Instructions have nothing for intentional infliction of emotional distress, careful drafting is required.

FOR QUESTIONS OF LAW, COURTS OK APPEALS FROM DENIAL OF SUMMARY JUDGMENT
How to appeal an order denying summary judgment.

FEDERAL JUDGES SPLIT ON APPLICATION OF ILLINOIS COMMON-FUND DOCTRINE
U.S. district judges in Illinois are split on whether the state's common-fund doctrine applies when a health insurance plan governed by the ERISA seeks reimbursement from a tort recovery while invoking a plan provision that says the plan is not liable for the tort plaintiff's legal fees or expenses.");

ILLINOIS, FEDERAL RULES AT ODDS OVER ATTORNEYS AS WITNESSES
Two versions of the attorney-witness rule were recently applied in the same litigation -- once in the Cook County Circuit Court and once in the U.S. District Court for the Northern District of Illinois -- with starkly different outcomes.

EMOTIONAL DISTRESS CLAIM ERASED IN BANKRUPTCY CASE
Proof of intentional wrongdoing necessary to to get a judgment that cannot be discharged in bankruptcy.

U.S. SUPREME COURT OKS RECOVERY FOR FEAR OF DEVELOPING CANCER
If it is serious and genuine, plaintiffs can recover for fear of getting cancer.

EMPLOYER WITH INSOLVENT INSURER TRIES TO ESCAPE THIRD-PARTY CLAIM
Should an employer covered by an insurer be dismissed as a third-party defendant in a personal-injury case involving one of its employees?

COURT SORTS OUT CASES ON EFFECT OF VOLUNTARY DISMISSAL
If not handled correctly, voluntarily dismissing the agent can result in an automatic judgment for the principal.

CLAIM FOR CONTAMINATED COOKIES BARRED BY ECONOMIC LOSS RULE
Does the economic loss doctrine bar a tort claim under Illinois law when the defendant's conduct contaminated plaintiff's product?

DUELING CONCLUSIONS ISSUED ON IMMUNITY FOR STATE EMPLOYEES
The Circuit Court of Cook County has subject matter jurisdiction to hear claims against a psychiatrist and psychologist who worked for a state mental health facility.

JUDGES CONTINUE DEBATING REACH OF ILLINOIS CONSUMER FRAUD ACT
Judges are still engaged in a heated, important debate about the reach of the Illinois Consumer Fraud Act.

PROFS TAKE GLIMPSE BEHIND CLOSED DOOR OF JURY ROOM
An empirical study of 3,000 mock jurors paid for by Exxon has some surprising results that will fuel the debate over the civil justice system.

COMED BLOWS FUSE IN OVERTIME CASE; PLAINTIFFS DEEMED HOURLY WORKERS
The electric company violated the overtime requirements of the federal Fair Labor Standards Act and Illinois Minimum Wage Law.

7TH CIRCUIT: INTEGRATION CLAUSE IN CONTRACT NO BAR TO FRAUD CLAIM
There are conflicting rulings from the Illinois Appellate Court on whether an integration clause in a contract precludes a fraud claim.

COURT CLARIFIES TORTIOUS INTERFERENCE WITH CONTRACT BY CORPORATE OFFICER
Tortious interference claims can blast through the corporate armor that shields executives. But it takes heavy artillery for pleading and proving this tort.

COURT DRAWS MAPS FOR LIQUOR LIABILITY AND VOLUNTARY UNDERTAKINGS
The Illinois high court gave its blessing to negligence claims based on voluntary undertakings in handling folks who are intoxicated.

SUPREME COURT SETS GUIDELINES FOR 'GOOD FAITH' IN SETTLEMENTS
The Illinois Supreme Court ruled the preponderance standard applies to challenges under the Joint Tortfeasor Contribution Act.

JUDGE CLEARS AIR OVER CALCULATING DAMAGES FOR BREACHED LEASE
In a breach of lease case where the district judge, applying Illinois law, declined to award consequential damages, Judge Easterbrook succinctly illuminated some subtle but important issues concerning damages.

SUPREME COURT EXTENDS PROTECTION TO INSUREDS FOR APPLICATION ERRORS
The Illinois Supreme Court provided important protection to people who make innocent errors in filling out ordinary insurance applications.

CABBIE'S CRIMINAL CONVICTION DOESN'T AUTOMATICALLY BAR INSURANCE COVERAGE
The common dilemma for people injured by conduct that is arguably tortious and possibly criminal is this: compensation through an insurance policy or justice in criminal court?

INTENT OF INNOCENT SPOUSE IGNORED, ALLOWING CREDITOR TO GO AFTER HOME
Despite fine-tuning by the General Assembly, the tenancy by the entireties statute is still ambiguous.

INDIVIDUALS WHO AREN'T 'CONSUMERS' MAY SUE UNDER CONSUMER FRAUD ACT
Can an individual who didn't engage in any business transactions with a corporation have standing to assert a claim against the company under the Illinois Consumer Fraud and Deceptive Business Practices Act?

PHONE COMPANY AVOIDS AGENCY LIABILITY FOR ALLEGED EAVESDROPPING BY EMPLOYEE
The phone company isn't liable when one of its employees uses its equipment for eavesdropping, unless the illegal conduct was approved by high level management.

CAR BUYER READ, SIGNED SALES CONTRACT BUT WAS DEFRAUDED BY DEALER
How could someone who read, understood and signed an agreement successfully claim the contract terms added up to fraud?

COURT SETS STANDARD APPROACH FOR DETERMINING FAIR VALUE
Illinois is one of only six states where the courts apply a case-by-case approach that permits a marketability discount when determining the fair value of shares owned by dissenting shareholders.

JUDGE REFLECTS ON PRIVACY RULINGS FOR MISAPPROPRIATION OF VISAGE
In cases where the defendant is accused of misappropriating plaintiff's likeness for commercial purposes, there are split decisions on whether a common-law invasion of privacy action is permitted when the plaintiff's likeness has no commercial value.

JUSTICES DEBATE LIMITS ON RIGHT TO VOLUNTARILY DISMISS CASE
When a trial judge strikes a complaint but grants leave to amend, does the plaintiff have a right to voluntarily dismiss the case?

BANK LIABLE AS SUCCESSOR TRUSTEE DESPITE APPROVED ACCOUNTINGS
Sophisticated estate plans can create tricky questions about res judicata and the duties of successor trustees.

COURT: REMOTE MITIGATION DOES NOT DIMINISH S&L'S DAMAGES
The federal government's lingering hangover from the savings and loan crisis includes interesting issues on calculation of the contract damages.

COURT SETTLES DISPUTE OVER SELECTIVE ENFORCEMENT OF RESTRICTIVE COVENANTS
When the owners' association in a housing development files a lawsuit seeking to enforce a restrictive covenant, it isn't unusual for the defendants to feel they are being unfairly singled out for harsh treatment.

ADA COVERS ANY WORKER SUBJECTED TO IMPROPER INQUIRIES, EXAMINATIONS
When workers are subjected to inquiries or medical evaluations that are prohibited by the ADA, do able-bodied employees have a remedy?

COURT OKS INDEMNIFICATION SOUGHT BY ADVISERS HIRED IN BANKRUPTCY
Joining the ranks of corporate directors and officers, the professionals who advise debtors in bankruptcy cases have started demanding indemnification against negligence claims.

UMBRELLA POLICY COVERS CLEANUP COSTS EVEN WHEN CGL POLICY DOES NOT
Highlighting the importance of checking for insurance coverage under umbrella policies, the California Court of Appeal ruled there was coverage for pollution cleanups ordered by an administrative agency.

DEMOCRATIC PRINCIPLES TRUMP MOVE TO TILT BALANCE OF CORPORATE BOARD
Incumbent corporate managers continue to concoct new tactics for thwarting corporate democracy.

COURTS SPLIT OVER PRECLUSIVE EFFECT OF VACATED JUDGMENTS
When a judgment is vacated as part of a settlement agreement, does collateral estoppel apply in subsequent litigation with third parties to findings made by the court in the vacated judgment?

STOCK DEAL INVALIDATED UNDER ILLINOIS' FRAUDULENT CONVEYANCE LAW
Although a bankruptcy trustee struck out on one count to recover the proceeds of a leveraged buyout under the Illinois Uniform Fraudulent Transfer Act, he scored with count 2.

BANKRUPTCY JUDGE SORTS OUT DEAL FOR STOCK, TRUSTEE'S CLAIM OF FRAUD
One recent LBO added up to a fraudulent conveyance under Illinois law, according to a recent bankruptcy ruling.

AN ACT OF MOTHERLY LOVE RUNS AFOUL OF AN ACT TO PROTECT CONSUMERS
misa,consumer,fcra,fair,credit,reporting,act,","Getting off to rocky start with his future mother-in-law, Lavon Phillips filed a complaint claiming that Mary K. Grendahl violated the Fair Credit Reporting Act");

JUSTICES DEBATE MOVE TO EXCLUDE DISABLED PLAINTIFF FROM CIVIL TRIAL
Indiana Court of Appeals ruled that a trial judge had authority to exclude a disabled plaintiff from the courtroom during the liability phase of her medical malpractice case.

ILLINOIS COURTS REVERSED ON BOATING ACT PREEMPTION
The case settles a long-standing controversy over whether state common law claims were preempted by the Coast Guard's decision to not require propeller guards on boats with outboard motors.

AMPUTATION RAISES SLIPPERY ISSUES OF ILLINOIS PRODUCT LIABILITY LAW
There were two questions of Illinois product liability law presented in a case where a driver had to have a leg amputated after he slipped off a truck while covering a trailer with a tarp.

DUELING APPROACHES CONSIDERED IN DEFINING INVESTMENT CONTRACTS
Debate continues on the best test for deciding whether a business deal is an investment contract under securities laws.

NU LAW PROF DEFIES CONVENTIONAL WISDOM ON DEPOSITION PREPARATION
Since only 2 percent of cases go to trial, Professor Steven Lubet challenges attorneys to rethink the conventional approach of programming witnesses to give as little information as possible in depositions.

LAW FIRM'S TOP HAT PLAN AMBIGUOUS ON POST-RESIGNATION CHANGES
Can a law firm change the plan to delay installments owed to a partner whose right to payment vested when he resigned?

BALANCING GENERALITIES AND DETAILS TO ASSESS PROXIMATE CAUSATION
Galman is cited by the reporters as an example of a case where the court employed defense counsel's old trick of manipulating the level of detail when invoking proximate causation to bar a claim.

TENDER BY WENDY'S PUT FAST-FOOD CHAIN IN A PICKLE IN TERMS OF INTEREST DUE
Defendants who want to stop the clock on post-judgment interest should pay careful attention to the detailed instructions provided by Justice Gordon E. Maag.

RESTATEMENT REJECTS STRICT RULE ON DISCHARGE OF GUARANTOR
Rejecting the traditional rule in a case involving the guaranty of a department store lease, the trial judge ruled a guarantor wasn't discharged from liability based on what turned out to be a harmless change in the lease.

ATTORNEY NOT LIABLE IN RESTITUTION TO JUDGMENT DEBTOR AFTER REVERSAL
Divorce attorneys in Massachusetts managed to fully brief a case on appeal without realizing the remedy they were furiously fighting over is called restitution.

RISK MANAGER'S ADMISSION EXCLUDED AS UNSUPPORTED EXPERT OPINION
When an employee makes a damaging admission during his deposition, can the defendant object to the use of the admission at trial?

IPI DEFINITION OF TRAIN PASSENGER MISSTATES ILLINOIS LAW
When an Illinois Pattern Jury Instruction is based on an Illinois Supreme Court opinion, you're battling uphill in trying to convince a judge the IPI is wrong on Illinois law.

COURT REJECTS FEDERAL PRECEDENT ON SURVIVING SPOUSE'S BENEFITS
There are split decisions on whether pension benefits vest in the surviving spouse on retirement or death of the plan participant.

DECISION IN FIRING CASE TAKES DIM VIEW OF AT-WILL EMPLOYMENT DOCTRINE
The at-will employment doctrine has fallen into disfavor, according to the Vermont Supreme Court.

CERCLA CONTRIBUTION CLAIM OKD EVEN WITHOUT PRIOR CLAIM AGAINST PLAINTIFF
In an environmental cleanup case, is there a right to contribution under federal law when there has never been a lawsuit or administrative proceeding seeking to hold the plaintiff liable for remediation?

VETO ON CHANGING CHILD'S RESIDENCE NOT 'CUSTODY' UNDER KIDNAPPING TREATY
When a divorce decree gives a parent a veto on changing a child's place of residence, and the other parent moves with the child to another country, the parent with the veto has no remedy under the Hague Convention on the Civil Aspects of International Child Abduction.

COURT ASSESSES EVIDENTIARY STANDARDS FOR MAINTAINING TOXIC TORT CLAIMS
The Utah Supreme Court majority examined case law from around the nation to determine whether the manufacturer was nonetheless entitled to summary judgment.

X-RAY WORKERS' TOXIC TORT CLAIM RAISES QUESTION OF MANUFACTURER'S DUTY
With an expanding body of precedent to pick from, judges are becoming more comfortable dealing with the tough questions presented by toxic tort cases.

N.Y. HIGH COURT SPLITS OVER DAMAGES FOR BOTCHED WAREHOUSE LIEN
In a long-running fight over merchandise that was sold to pay a warehouse lien, the judges of New York's highest court split over whether the owners had a valid a claim under the UCC.

JUDGES DEBATE WHETHER SUBROGATION TRIGGERS FAIR DEBT COLLECTION ACT
Does the Fair Debt Collection Practices Act apply when a company is hired by a group health insurance plan to recover on a subrogation claim?

JUDGE REVIEWS EVOLVING CASE LAW ON DEFINITION OF PREVAILING PARTY
For use in fee fights, everything you ever wanted or needed to know about the Supreme Court's evolving prevailing party jurisprudence is in Koswenda v. Flossmoor School District.

EMOTIONAL DISTRESS NOT COVERED BY TWO-YEAR STATUTE OF LIMITATIONS
When parents sue an adoption agency for emotional distress, is the claim governed by Illinois' two-year statute of limitations for personal injury or the five-year catch-all provision?

JUDGES DEBATE INSURANCE COMPANY'S RIGHT TO RECOUP DEFENSE FEES
There are split decisions on whether an insurance company can reserve the right to recover defense fees.

COURT RULES 10 PERCENT NOT TOO SMALL FOR LOSS OF CHANCE IN MED-MAL CASE
In a medical malpractice case, is a loss of chance of only 10 percent too small -- as a matter of law -- to be actionable?

COURT REJECTS BLANKET REPRESENTATION CLAIM OF CORPORATE EMPLOYEES
A court resolved the problem of trying to figure out which corporate employees, officers or agents qualify as a party represented by another lawyer.

JUDGES DEBATE BANKRUPTCY CODE'S ANTI-RETALIATION LAW
There are split decisions on whether the anti-retaliation provision of the Bankruptcy Code applies when an employee is fired for seeking protection under the Code, but the firing takes place before the debtor actually files a bankruptcy petition.

MIXED RESULTS WITH CIVIL RIGHTS CLAIM BASED ON UNLAWFUL TAX
When a municipality allegedly continued to collect a tax after it was declared unlawful in a state court declaratory judgment case, does the Tax Injunction Act bar a federal civil rights claim.

JUDGES DEBATE BANKRUPTCY CODE'S ANTI-RETALIATION LAW
There are split decisions on whether the anti-retaliation provision of the Bankruptcy Code applies when an employee is fired for seeking protection under the Code, but the firing takes place before the debtor actually files a bankruptcy petition.

HIGH COURT URGES ACTIVE ROLE FOR MEDIATING JUDGES
The court determined that the arbitration will work best when trial courts acting as mediators have knowledge of information regarding prior arbitration proceedings.

SORTING FACT FROM LAW TO DETERMINE MEANING OF TERM DUTY
It is overly simplistic and misleading to state that duty is always a question of law.

FEDERAL COURT TRIES ACCOMMODATING ILLINOIS STATUTE IN ERIE CONFLICT
Whether Illinois' statutory penalty rule is a rule of substance that the federal court was bound to apply or ... a rule regulating procedure that has no effect in federal court.

IOWA COURT APPLIES MODIFIED SECTION OF RESTATEMENT OF TORTS FOR CHATTELS
The Iowa Supreme Court tried to define what it means to make the chattel safe.

JUDGE DOUSES GAS STATION FRANCHISEES' CLAIMS OF CONSTRUCTIVE TERMINATION
Is there a cause of action for constructive termination under the Petroleum Marketing Practices Act?

JUDGE SORTS THROUGH PREEMPTION ISSUE UNDER ILLINOIS TRADE SECRETS ACT
Figuring out which claims are preempted by the Illinois Trade Secret Act can be tricky.

UCC FINANCING STATEMENT INVALID, DESPITE AUTHORIZED AGENT'S SIGNATURE
When a financing statement is signed by an agent of the debtor, is the form valid if it doesn't identify the source of the agent's authority?

EXECUTOR MAY CHALLENGE VALUE OF GIFT DESPITE PREVIOUS STIPULATION WITH IRS
Does the doctrine of issue preclusion prevent the executor from disputing the stipulated value?

WASH. COURT FACTORS TAX CONSEQUENCES INTO AWARD FOR JOB DISCRIMINATION
Do adverse tax consequences count as part of compensable damages?

WHEN POWERS OF ATTORNEY LEAD TO FINANCIAL ABUSE OF ELDERLY
Powers of attorney signed by the elderly have created a silent epidemic of financial abuse.

RATIO DECIDENDI - STRETCHING ANALOGY RENDERS ARGUMENT TOO THIN TO COUNT
Opposing counsel, having found a nice line in an old case, is waving it around like a flag at a campaign rally. But is the old quote binding precedent?

JUSTICES DEBATE LAW FIRM'S LIABILITY FOR ASSURANCE IT GAVE TITLE INSURER
Can a law firm can be sued for negligent misrepresentation based on a literally true statement in a letter to a title insurance company.

CONFLICTING APPROACHES CONSIDERED ON ASSIGNMENT OF RESTRICTIVE COVENANT
Is a non-competition agreement enforceable against an employee when it has been assigned to a new company as part of a sale of assets and the old employer has a continuing financial interest in the business it sold?

NEW TEST APPLIED TO PROTECT COUNSEL'S TALKS WITH INDEPENDENT CONTRACTOR
The Colorado Supreme Court adopted a four-part test for deciding when communications with an independent contractor are protected by the attorney client privilege.

IOWA WATCHES AS ITS CLAIM TO ISLAND IN MISSISSIPPI RIVER DRIFTS AWAY
A fight over ownership of an island in the Mississippi River turned on whether there should be a presumption, or merely an inference, that the current location of the thalweg is the same as when Iowa was admitted to the Union.

WHEN LANDLORD'S BEST KNOWLEDGE IS GOOD ENOUGH TO TRUMP WARRANTY CLAIM
Applying cases involving insurance applications, the Delaware Superior Court ruled a landlord had no duty to investigate the truth of the facts it was warranting on best knowledge and belief.

EVIDENCE OF SELF-DEALING NEEDED FOR CLAIM INVOLVING INSOLVENT COMPANY
Can creditors of an insolvent corporation sue officers or directors for breach of fiduciary duty if there has been no self-dealing by the defendants?

SURVEYOR MAPS PATH TO PARTIAL WIN ON COPYRIGHT INFRINGEMENT CLAIM
Is a site plan prepared by a surveyor covered by copyright law?

AGENT'S BAD FAITH MAY BE IMPUTED TO CORPORATE, NOT INDIVIDUAL, PRINCIPAL
With corporations, imputed knowledge from agents applies in deciding whether the company acted in bad faith.

SLUGGISH DISCOVERY CAN BE PUNISHED WITH ADVERSE INFERENCE INSTRUCTION
Even if evidence isn't destroyed, judges have authority to give an adverse inference instruction as a discovery sanction.

FELONY CONVICTION DIMINISHES LUSTER OF BUSINESS UNIMPEACHABLE CHARACTER
Can you impeach a corporate litigant with evidence of a criminal conviction?

SUBCONTRACTOR'S MISCONDUCT DOESN'T AUTOMATICALLY NEGATE PRIMARY CONTRACT
What if the illegal conduct was performed by a subcontractor, and the prime contractor did not know about or authorize the unlawful act?

COURT'S INHERENT AUTHORITY SUPPORTS ORDER REQUIRING PRIVATE MEDIATION
Do judges have authority to order litigants to participate in -- and pay for -- private mediation.

PREMISES LIABILITY LAW EXPANDS AS RETAIL OUTLETS GROW INTO BIG BOXES
Negligence law is evolving to address emerging hazards created by new methods of mass marketing -- warehouse-sized self-serve retail stores.

INSURER MUST FACE FRAUD CLAIM ON MODE OF STRUCTURING SETTLEMENTS
When an insurance company promises to purchase an annuity worth a specific amount as part of a structured settlement, are tort plaintiffs defrauded when the insurance company receives secret rebates from the insurance broker it hires to buy the annuity?

CONTROVERSIAL 'INEVITABLE DISCLOSURE' DOCTRINE NOT NECESSARILY INEVITABLE
The controversial inevitable disclosure doctrine provides a powerful weapon for companies fighting to keep ex-employees from working for competitors.

INSURANCE MAGIC: FRAUD CLAIMS APPEAR AFTER VANISHING PREMIUM DIDN'T
In a new case from Maryland, the state's intermediate reviewing court detailed the ingredients required for a successful vanishing premium case.

COMPANY FACES SUIT FOR DISCLOSING EMPLOYEE SOCIAL SECURITY NUMBERS
In the age of increase attention to privacy, the question for the Minnesota Court of Appeals was whether trucking company employees could sue for invasion of privacy when their employer faxed their names and Social Security numbers to 16 trucking terminals.

CALIF. COURT REVIEWS CONTROVERSY IN ARBITRATION CHOICE-OF-LAW
Because of continuing controversy about two U.S. Supreme Court cases, common choice-of-law provisions can create tricky problems in arbitration cases.

PARTS OF THE WHOLE: SETTING 'FAIR VALUE' IN DISSENTERS' RIGHTS CASES
Calculating the fair value of shares in dissenters' rights cases can apply discounts for lack-of-marketability and minority status.

JUDGE CONSIDERS DOZEN WAYS TO ASK FOR WHAT YOU SAY YOU'VE EARNED
You say attorney fees, and I say legal fees. He says lawyers' fees, and she says counsel fees.

BAD FACTS MAY LEAD TO BAD LAW, BUT COURT DECLINES TO CREATE BAD EQUITY
The Iowa Supreme Court recently reviewed conflicting decisions on when equity will save someone who failed to exercise an option on time.

CONFLICT OVER STATUTE OF LIMITATIONS FOR ORAL LOANS SPARKS DEBATE
The Florida Supreme Court recently debated conflicting cases on when the statute of limitations starts running on an oral agreement for a loan that is either payable on demand or doesn't have a set repayment date.

MODIFIED BUSINESS JUDGMENT RULE APPLIED BY N.J. HIGH COURT
The New Jersey Supreme Court recently decided to tighten up regulation of corporate officers and directors with a modified version of the business judgment rule.

FORMER WIDE RECEIVER SHOULD KNOW HOW TO TAKE A HIT, SHAKE OFF SETBACK
How to measure emotional distress in a fraud case?

ATTORNEY GETS GO-AHEAD TO PURSUE LAWSUITS AGAINST FORMER CLIENT
Can a defense attorney turn around and sue the former client in the same type of case she used to defend?

LAWYER SANCTIONED FOR FAILING TO DISCLOSE DISTINGUISHABLE CASE
The kicker for the attorney was an order requiring him to show cause why he should not be sanctioned for failing to disclose the high court ruling.

JUDICIAL ESTOPPEL STRIKES AGAIN: COURT NIXES SUIT OMITTED FROM BANKRUPTCY
The discretionary doctrine of judicial estoppel continues to provide windfalls for defendants.

BOGDANOVICH'S 'LAST BANKRUPTCY SHOW' OPENS ON BROADWAY CIRCUIT
With the exquisite timing of a Hollywood stunt man, Bogdanovich filed for bankruptcy in New York between return of verdict and entry of judgment in a California courtroom

JUDGE REJECTS RULINGS ON ERISA PREEMPTION OF STATE-LAW CLAIMS
There are split decisions on whether ERISA completely preempts the field of state-law claims against companies that manage health insurance plans.

DECISIONS DEBATE DISCHARGING DEBTS INCURRED FOR WILLFUL INJURIES
There are split decisions on the proper standard for determining when a claim is not dischargeable in bankruptcy under the exception for willful and malicious injury.

COURTS DIVIDED OVER VICARIOUS LIABILITY PURSUANT TO FAIR CREDIT REPORTING ACT
The only question is whether Metro Ford can be vicariously liable for Roman's willful misconduct.

BAD ACTS OR ROUTINE POLICY - PROVING CLAIMS AGAINST INSURERS
When trying to prove that an insurance company engaged in unreasonable and vexatious delay of payment, plaintiffs' attorneys have to navigate between the general rule prohibiting evidence of prior bad acts and the rule permitting proof of routine business practices.

THE 'TORT REVOLUTION' IS JUST A LEGAL SYSTEM CHANGING ALONG WITH SOCIETY
Bet-the-Industry Lawsuits are a result -- not the cause -- of a revolution in tort litigation that has been underway for decades, according to Professor Stephen C. Yeazell.

PROFESSOR POSITS PLUSES, PITFALLS PART OF POSNERIAN PRAGMATISM
Professor Linda E. Fisher concludes that Judge Richard A. Posner's pragmatic approach to judging is generally constructive, she has some criticisms.

CONFLICT-OF-LAW ANALYSIS LETS INSUREDS PICK BETTER 'BAD-FAITH' REMEDY
Even if insured property is located in Illinois, your client might not be stuck with the puny protection that Illinois provides against bad faith by an insurance company.

U.S. APPEALS COURT REVISITS ILLINOIS LAW ON CONTRACT PENALTIES IN SETTLEMENTS
In collection cases, is whether a judgment for the increased sum adds up to an unenforceable contract penalty.

COURT REVISES STANDARD OF REVIEW IN SHAREHOLDERS' DERIVATIVE SUIT
The question of what standard of review to apply depends on the degree of deference that should be given to the ruling made by the trial judge.

ANSWERING QUESTION OF DIVERSITY JURISDICTION AKIN TO PEELING ONION
Chief U.S. District Judge Aspen ruled there was no diversity jurisdiction over a lawsuit seeking to vacate the award.

CLASS OF ONE CREATES CONFUSION DUE TO LACK OF SINGULAR PRECEDENT
Grace Olech is still battling the Village of Willowbrook in the U.S. District Court for the Northern District of Illinois.

CREATIVITY CALLED FOR WHEN JUDGE CAN'T COUNT ON JURY'S CONCLUSION
New cases looks at intriguing litigation issues -- one on working with juries to avoid mistrials and the other on the continuing tension between work-product privilege and communications with experts.

CIVIL PROCEDURE FROM SOUTH DEARBORN TO (ALMOST) THE SOUTH PACIFIC
Judge Shadur knows the rules -- and isn't afraid to use them.

MASS. COURT CONSIDERS SPLIT DECISIONS ON 'ISSUE PRECLUSION,' COLLATERAL ORDERS
There are split decisions on the preclusive effect of some of the factual rulings that judges routinely make on the way to finally resolving a case.

INSURANCE ADJUSTER HELD TO STANDARD OF CONDUCT THAT APPLIES TO ATTORNEYS
Insurance company adjusters who pretend they're acting on behalf of third- party claimants in recommending settlements and preparing releases have to comply with the standard of care applicable to attorneys, according to a new ruling.

OHIO TESTS COLLABORATIVE LAWYERING
A group of around 130 attorneys in Cincinnati is engaged in an interesting experiment in alternative dispute resolution called collaborative lawyering.
SCHOLARS SCORCHED FOR MISUSING STUDIES
One of the hottest topics in current legal scholarship, Behavioral Law & Economics, is under attack.

IVORY TOWERS FIRMLY ROOTED IN NOTHING OF SUBSTANCE
Until now there has been no explanation for why top-down theories of law are inaccurate and ineffective in some areas but fairly useful in others.

THE POLITICS OF PRIVATE LEGISLATURES
The statute Karl Llewellyn called the heart and soul of the UCC will likely become less relevant to the legal regulation of commercial sales transactions.

REPRESENTING ORGANIZATIONS WITH INTERNAL CONFLICTS
Tricky problems pop up when lawyers represent organizations that have internal conflicts.

CHALLENGING WHAT EXPERTS SEE WITH THEIR OWN EYES
While plenty of charlatans are available to provide phony opinions, lots are good experts seduced into giving bad testimony.

THEORY OF INCOHERENT JUDGMENTS LABELED NOT SO COHERENT
Both sides of the debate battle over how to measure verdict data.

PROFESSORS SHINE LIGHT ON LAW WITH EMPIRICAL STUDIES
Empirical research should soon have a revolutionary impact on the law.

RATIONALITY'S ROLE IN SETTLEMENT EQUATION
Because nearly every case settles, the critical insight of the Law and Economics approach is to focus on the incentives that induce people to settle or litigate.

REEXAMINING BUILT-IN BIAS OF PARTY-APPOINTED ARBITRATORS
The proper role and obligations of party-appointed nonneutral arbitrators continues to generate confusion and controversy.

PROFS FIND JURORS SAY THE DARNDEST THINGS
Discussions about insurance during jury deliberations are strikingly common, occurring in 85 percent of the cases, according to an initial report from the Arizona Jury Project.

UNLEASHING POWER OF PEN IN JURY BOX
Nancy S. Marder, an associate professor at Chicago-Kent College of Law, reviews the pros and cons of various technological innovations for improving jury trials.

PSYCHOLOGISTS START TELLING EMOTIONAL STORY OF JURIES
For centuries, judges and lawyers have recognized that emotions can play a decisive role in jury deliberations.

TARGETING COUNSEL FOR WAYWARD FIDUCIARIES
Represent a wayward fiduciary, and prepare to have your conduct scrutinized under a very bright light.

CHICAGO SCORES BIG IN FLORIDA LAW REVIEW'S SYMPOSIU
On the Stetson dream team of advocacy instructors, Chicagoans were drafted for half the slots.

SEVENTH AMENDMENT STUCK IN 18TH CENTURY
The test for whether there is a right to trial by jury focuses exclusively on whether a jury trial would have been available if it had been tried in English courts in 1791.

NEW ARTICLE 9: SECURED PARTY IS ROYALTY
Revised Article 9 of the Uniform Commercial Code has been called the Anti-Bankruptcy Act.

PROMISSORY ESTOPPEL: REVOLUTION AND COUNTERREVOLUTION
A contract law counterrevolution, launched in 1997 with empirical studies attacking the doctrine of promissory estoppel, is under heavy fire from a new report.

BROWSING FOR NEW RULES ON E-CONTRACTS
With form contracts leaping from paper to the Internet, courts have to decide whether to apply traditional contract-of-adhesion rules to contracts of e-hesion.

MOTHER THERESA AND JUDICIAL SALARIES
Altruism plays an important role in motivating judges to work hard, according to Professor Lynn A. Stout.

SUBVERTED COURTS AND RISE OF REGULATIONS
When businesses are held liable in court for the harms they cause, they'll be motivated to take reasonable steps to avoid damaging others. So why did the regulatory state emerge?

PROF: IF TRADEMARK TASTES TART, THEN BUY DESERVES SWEET TORT
A UCLA law professor argues that owners of trademarks should be held jointly and severally liable for torts caused by the business entities that are authorized to use their marks.

COTTON-PICKIN' GOOD: PROF LOOKS AT PRIVATE LAW SYSTEM
For more than a century, the cotton industry has operated a fast, effective, cheap private law system.

PROF PROBES PROPERTY RIGHTS, POLITICS, PARKING
Examing U of C Prof. Richard A. Epstein's The Allocation of the Commons: Parking and Stopping on the Commons.

BLOWING WHISTLE ON SHORTCUTS IN SECURITIES FRAUD CASES
Judges are using common law fraud doctrines to weed out securities fraud cases in situations where other fraud claims would survive for trial.

POLITICS OF JUDGING: STRATEGIC VOTING ON D.C. CIRCUIT
Empirical studies of strategic voting have generated some very interesting findings "ideological voting" by Republican and Democratic judges on the U.S. Circuit Court of Appeals for the District of Columbia.

LACK OF VOIR IN VOIR DIRE CAUSE FOR CONCERN
Comparing what jurors say during voir dire and what they admit in post-trial interviews, a surprising number of jurors seem to have a speech impediment when it's time to speak the truth in open court.

HIGH COURT URGED TO FIX CHOICE OF FORUM
The greeting from a defense attorney when I started handling appeals for injured railroad employees was: Welcome to the Railroad Wars.

NO 'QUICK FIX' FOR AN AMBIGUITY PROBLEM: PROF
The Parol Evidence Rule in Illinois is a confused mess according to William C. Whitford, professor emeritus at Wisconsin Law School.

CLASS COUNSEL LOSE FEES FOR NOT SETTLING CHEAP
Lawyers who won a $12.5 million judgment in an ERISA class action wound up losing lots of money because they didn't sell out with a smaller settlement.

TARGETING HEALTH CARE WITH THE FALSE CLAIMS ACT
Calculating lawyers are looking for new theories under the False Claims Act.

FRENCH TO BLAME FOR DAMAGES LIMIT IN CONTRACT CASES
A shifting series of reasons have been offered in support of the case's limitation on consequential damages in contract cases.

PROCESS BEHIND JUDICIAL HUNCHES COMES TO FOREFRONT
What mental processes occur in the minds of unbiased, disinterested judges who -- in deciding difficult questions of law -- are presented with a mass of legal materials pointing to different conclusions.

PINNING DOWN PSYCHOLOGY OF JURISTS' HUNCHES
Modern psychology is beginning to provide a scientific explanation for the judicial hunch.

RESTRUCTURING URGED FOR STRUCTURED SETTLEMENTS
Plaintiffs' lawyers using structured settlements are wising up and becoming more assertive in protecting their clients -- and themselves.

DEBATE OVER MEDIATING STYLES NEEDS MEDIATION
What's the best mediation style: evaluative mediation or facilitative mediation?

AT-WILL EMPLOYMENT CALLED ON THE COUCH
With the steep decline in the strength of unions in the United States, the at-will employment rule has become a hot topic.

COURTS STILL USE CIGARETTE RULE - DOUSED IN 1980
Important legal authority has been overlooked in published Illinois opinions since 1980, according to Professor Michael Greenfield.

PROF UNTANGLES CORPORATE WEB WITH LAW AND ECONOMICS
Stephen Bainbridge concludes that courts should abolish veil piercing when it comes to holding individual shareholders liable for corporate debts.

BLAMING JURY SHOWS PROBLEM IS MISUNDERSTOOD: SCIENTISTS
Scientists have identified a fundamental problem that can affect jury trials: bad instructions.

PROF PROPOSES ETHICS RULES FOR OPINIONS
David McGowan, an associate professor at the University of Minnesota Law School, calls for new rules on opinions.

COURTS DEBATE JUDICIAL REVIEW OF ARBITRATION
The promise is that arbitration will be faster, cheaper and more efficient than litigation -- which doesn't necessarily mean it will be fast, cheap, efficient or accurate.

PROFS: CHICAGO, COOK COUNTY HIT BULL'S-EYE IN GUN SUIT
Looking at the more than 20 lawsuits that municipalities fired off at the gun industry, the Chicago and Cook County complaint gets the highest marks from two professors.

PROFESSOR FINDS MISSING LINK IN STATUTORY INTERPRETATION
Should judges interpret laws to accomplish the purpose revealed by studying the legislative record, or should they interpret laws to come up with the best result?

INCOMPETENT COURTS STILL GET THE JOB DONE
Courts play a useful role in contract cases even if they are radically incompetent, according to University of Chicago Law School Professor Eric A. Posner.

COGNITIVE ILLUSIONS: JUDGES, IT SEEMS, ARE PEOPLE, TOO
There is a fundamental source of systematic judicial error, according to a new empirical study -- cognitive illusions.

PIERCING THE VEIL ON THE PIERCING-THE-VEIL DOCTRINE
Trying to hold shareholders personally liable for corporate debts is an enticing game, yet the doctrine of piercing the corporate veil is routinely vilified by experts.

CRAZY LIKE A FOX: WHEN PLAINTIFFS VIE FOR PRECEDENT
Crazy tort plaintiffs play an important role in preventing corporate defendants from manipulating precedent, according to Professor Frank B. Cross.

ALLSTATE WINS BATTLE - AT COST OF LOSING LIABILITY WAR
In a big victory for tort plaintiffs, the Alaska Supreme Court adopted a minority rule on successor liability.

PROFESSOR SAYS PEER PRESSURE SWAYS JURY DELIBERATIONS
Cass R. Sunstein turns his high-intensity intellect to a more probing examination of the possible causes of group polarization.

JUDGES CONTINUE DEBATING REACH OF ILLINOIS CONSUMER FRAUD ACT
Judges are still engaged in a heated, important debate about the reach of the Illinois Consumer Fraud Act.