Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2008 Articles

Editor’s note By John L. Nisivaco December 2008 The first article of this edition, authored by Dawn Mefford, examines the requirements for the imposition of punitive damages against a trucking company and discusses the general burden a plaintiff must meet in order to submit a claim for punitive damages to the jury.
Editor’s note By John L. Nisivaco May 2008 The first article, written by Matthew Willens, provides a primer on preparing your client for his or her deposition. Mr. Willens’ article is an excellent reminder of the preparation points and discussion each litigator must have before presenting a client for a deposition.
Editor’s note By John L. Nisivaco April 2008 The first article, written by William Cirignani, is designed to educate and assist litigators new to bile-duct injury cases.
Editor’s note By John L. Nisivaco March 2008 A message from Editor John Nisivaco.
Editor’s note By John L. Nisivaco January 2008 The first article of this edition is written by Tort Law Section Council Member, Dan Wurl. Mr. Wurl’s article provides an excellent primer on issues relating to the disclosure of witnesses pursuant to Supreme Court Rule 213.
General principles of trial witness disclosure under Supreme Court Rule 213 By Daniel P. Wurl January 2008 This article will focus on general principles of Rule 213 trial witness disclosure, testimony at trial, and appellate review as set forth in appellate court cases that have been decided in the last five years since the Supreme Court made major modifications to Rule 213 in 2002.
Group offers to multiple plaintiffs: When that dog won’t hunt By Peter R. Coladarci & Elena Martinez December 2008 In an injury case with multiple plaintiffs, it is not unusual for the defendant to make an undifferentiated offer to the group, and let the plaintiffs and their lawyers sort out the appropriate allocation of the amount offered.
How federal regulations are used to build a punitive damages claim in trucking accident cases By Dawn M. Mefford December 2008 This article examines the requirements for imposing punitive damages on a trucking company and discusses the general burden a plaintiff must meet in order to submit a claim for punitive damages to the jury.
Impropriety of the “otherwise careless and negligent” allegation By Anthony Longo March 2008 This article will explain why defense counsel should move to strike this allegation rather than answering it with a general denial. The article will conclude with a form motion to strike that defense counsel can use to try for dismissal of the allegation.
Liability for common bile duct injuries—Measure twice, cut once By William A. Cirignani April 2008 This article is designed to help someone new to bile-duct injury cases understand the medicine, and the theories of liability underlying such claims.
Now you see it—Now you don’t: The Supreme Court reverses course on its interpretation of willful and wanton conduct By Michael W. Tootooian March 2008 On February 16, 2007, the Supreme Court reversed itself when it issued its opinion in Murray v. Chicago Youth Center. You would never know by reading this opinion that just seven months earlier the Supreme Court had reached a different result—one that can no longer be found.
Preparing your client for deposition By Matthew L. Willens May 2008 Preparing a client for deposition is arguably the most critical aspect of the discovery process in any type of civil litigation.
Supreme Court provides clarification on Supreme Court Rule 216 and its relationship with Supreme Court Rule 183 By Jeffrey D. Frederick January 2008 On September 20, 2007, the Illinois Supreme Court rendered a lengthy decision in Vision Point of Sale, Inc. v. Haas, that had the effect of reversing several Appellate Court decisions and clarifying earlier Supreme Court decisions and sending a strong message to the Appellate Courts and Circuit Courts in Illinois that the Supreme Court, pursuant to the Illinois Constitution, has general administrative and supervisory authority over all courts.
Ten tips for pursuing an automotive product liability case By Tony Di Viesti April 2008 This article provides some guidelines to use when deciding whether or not to pursue an automotive product liability case.
When animal owners attack: Veterinary malpractice in Illinois By Christopher R. Minelli November 2008 Although many attorneys are knowledgeable with medical and legal malpractice, few are familiar with veterinary malpractice. This article will explain the details and why it might become more common in the future.
The Written Notice Requirement of the Health Care Services Lien Act By Michael Kaczmarek & Barry L. Gordon May 2008 The Health Care Services Lien Act, 770 ILCS 23/10 et. seq., became effective July 1, 2003.