Tort Trends

The newsletter of the ISBA’s Section on Tort Law

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2013 Articles

The continuing evolution of IPI No. 105.01 By Daniel P. Wurl November 2013 This article will address the Supreme Court’s decision in Studt v. Sherman Health Systems, d/b/a Sherman Hospital and the 2011 version of IPI 105.01 that the Committee issued on the heels of the Studt decision.
Don’t call it a crisis: Examining the issue of medical malpractice tort reform and damage caps in Illinois By Damon Ritenhouse January 2013 A comprehensive look at medical malpractice tort reform in Illinois.
1 comment (Most recent January 10, 2013)
Editor’s note By John L. Nisivaco June 2013 An introduction to the issue from Editor John Nisivaco.
Editor’s note By John L. Nisivaco January 2013 The first and only article of this edition was written by Damon Ritenhouse and provides a historical examination of the medical malpractice tort reform legislation enacted in 2005. The article discusses the politics behind the debate and the information put forth by physicians groups and the insurance industry as a basis for the tort reform legislation. Next the author explains the three tort reform laws passed by the Illinois legislature and examines the three cases that ultimately invalidated these laws.
Editor’s notes By John L. Nisivaco November 2013 An introduction to the issue from editor John Nisivaco.
Local governmental immunity for recreational property By Brian Murphy June 2013 The recreational property immunity is a powerful affirmative defense and a game changer of which attorneys for both plaintiffs and defendants should be aware.
Slovinski and Lawlor: An examination of remittitur when punitive damages exceed compensatory damages By Matthew J. Adair June 2013 The author takes a look at the cases of Slovinski v. Elliot and Lawlor v. North American, the Court’s two most recent opinions addressing remittitur of punitive damages, and explains why the Court reduced punitive awards in each case to an amount equal to the compensatory damages awarded.