On Jan. 10, 2023, the Second District of the Illinois Appellate Court held that refusal to allow a bar to amend an answer to include an affirmative defense constituted an abuse of discretion.
As long as an entity has given thought to a policy, it may be held liable for not enacting it if the policy would have prevented a plaintiff's injury. Introducing the wide-ranging implications of Glisson v. Indiana Department of Corrections.
The second district affirmed a summary judgment ruling for the defendant over the plaintiff's claims that the pleadings established a question of material fact.
It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.
On November 14, 2013, the Illinois Appellate Court for the Fourth District held that a temporary employee who is assigned a parking space in a parking lot designated for employees, and is then injured in that parking lot on her way to work, has sustained injuries that arose in the course of and out of her employment.
On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.
On August 18, 2010, the Appellate Court of Illinois, First District, overturned a grant of summary judgment by the Circuit Court of Cook County, finding that the Dramshop Act does not preempt claims based on legal theories independent from the defendant's provision of alcohol.
On January 27, 2010, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Lake County, which granted the defendants' motion to dismiss the plaintiff's complaint.
In Illinois, nonparticipants (e.g., coaches and refs) in sporting events who cause injuries are liable only if their misconduct is at least willful and wanton.
On December 31, 2009, the Appellate Court of Illinois, Second District, reversed and remanded the decision of the Circuit Court of Du Page County, which found that the contact sports exception to ordinary negligence claims applied to a trainer of an amateur hockey team.
On August 27, 2009, the Illinois Appellate Court, Fourth District, reversed and remanded the grant of summary judgment by the Circuit Court of Cook County in favor of the defendant power company, finding that there was a genuine issue of material fact as to whether defendant breached its duty to the plaintiff to respond to a downed power line with due care.
Plaintiff’s lawyers are cheering the removal of a notice requirement they say functioned “as a shield against unsuspecting plaintiffs” with legitimate claims against the CTA.
On April 1, 2009, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Will County which granted summary judgment for the defendants after concluding that no genuine issue of material fact existed to establish negligence on the part of the defendants.
The Illinois Supreme Court held in Ready that settling defendants are excluded from the joint-and-several-liability equation, leaving nonsettling defendants at risk of higher payout.
The Illinois Supreme Court allows defendants in asbestos cases to introduce evidence that someone else's negligence was the sole proximate cause of a plaintiff's injuries.
On December 2, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Rock Island County granting summary judgment for the defendant in a negligence action.
The Illinois Supreme Court ruled that a restaurant owner has a duty to protect its patrons from an out-of-control car. So where does a premises owner's duty to the public end?
The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
On June 7, 2007, the Illinois Appellate Court, Fifth District, affirmed the decision of the Circuit Court of Jackson County allowing Michael Rath to present evidence of Carbondale Nursing and Rehabilitation Center's negligence despite the nursing home's admission of certain acts of negligence.
On February 8, 2007, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County granting summary judgment to defendants Budget Rent-A-Car Systems, Inc. (Budget) and Ranger Security (Ranger).
