Tips for Building a Successful Defense Against Exceptions to Illinois’ Moorman Doctrine
What is Illinois’ Moorman Doctrine? Since 1982, Illinois courts have generally barred recovery in tort for purely economic losses. Known as the “economic loss rule,” “economic loss doctrine,” or “Moorman Doctrine,” this rule was established by the seminal Illinois Supreme Court case Moorman Manufacturing Co. v. National Tank Co., 91 Ill. 2d 69, 73, 435 N.E.2d 443, 444 (1982). […]
Expenses Covered by Medicaid Rendered Unrecoverable to Parents in Illinois
The Illinois Family Expense Act and Medicaid The Illinois Family Expense Act, 750 ILCS 65/15, makes spouses liable for expenses of the family. Specifically, the Act imposes a legal obligation on parents to pay for medical expenses incurred for the care and treatment of their minor children. Courts have consistently held that parents can recover […]
Illinois Supreme Court Affirms No Private Rights of Action Exist Under Illinois Environmental Protection Act’s Tank Program
Case Background Rice brought an action for common-law negligence and also alleged liability under the Illinois Environmental Protection Act (Act) and the Illinois Pollution Control Board’s regulations. She sought to recover under strict liability pursuant to the LUST (leaking underground storage tank) provisions of the Act. The district court granted defendants’ motions to dismiss the […]
Plaintiff Says His Attorneys’ Press Release Violated HIPAA. Illinois Supreme Court Says It Didn’t
Litigants alleging their attorneys breached confidential medical information should heed a recent ruling from the Illinois Supreme Court (Doe v. Burke Wise Morrissey & Kaveny, LLC). The Plaintiff, who had recently won a medical malpractice action at trial against a hospital, filed a lawsuit against the firm representing him for a press release it published following […]
Illinois Supreme Court Reverses Narrow Tort Immunity Exception for Bicyclists Previously Given by First District
In a prior blog, HeplerBroom attorney Stephanie Weiner discussed the First District’s holding in Alave v. City of Chicago. In this case, the First District appeared to create a narrow exception to the Tort Immunity Act for a cyclist who was injured in a crosswalk near a Divvy bike rental station in Chicago. However, the Supreme Court […]
Can a Discovery Dispute Lead to Extraordinary Intervention by the Illinois Supreme Court? Usually Not; That’s Why it is Extraordinary
Recently, I was talking with colleagues about overly broad discovery orders entered against defendants and the options for appealing those orders. Wouldn’t it be nice to be able to appeal these orders before the case is over, to prevent a costly search of a client’s records? However, a party is generally not able to appeal […]
Quiroz v. Chicago Transit Authority: An Illinois Supreme Court Analysis Regarding the Duty of Care
It is longstanding law in Illinois that a possessor of land does not owe a duty of care to an adult trespasser on his land except to refrain from willfully and wantonly injuring that trespasser.[1] For example, a railroad operator is not expected to keep a lookout for persons on a railroad track that’s away from […]
Gant is No Longer: Illinois Supreme Court Holds Direct Negligence Claims Against Trucking Company Appropriate Even Where Company Admits Vicarious Liability
An opinion filed by the Illinois Supreme Court on April 21, 2022, will have a tremendous impact on the trucking industry. In McQueen v. Green, 2022 IL 126666, the Illinois Supreme Court held that plaintiffs may pursue separate claims for negligent hiring, negligent supervision, and negligent retention against a trucking company/employer for the employer’s conduct in […]
Illinois Supreme Court Allows Plaintiff to Redesignate a 213(f)(3) Controlled Expert to 201(b)(3) Consultant During Discovery
When defending a client, it is critical to gather information about the plaintiff’sexperts in order to identify weaknesses in the case and determine a winning strategy. This is especially true in medical malpractice lawsuits, where many outcomes are driven by expert opinion and testimony. With this in mind, defense counsel should become familiar with a […]
Illinois Supreme Court to Decide Viability and Scope of Gant: Negligent Training Claims Against Employers for Employee’s Motor Vehicle Accident
In Gant v. L.U. Transport, Inc., 331 Ill. App. 3d 924, 930 (1st Dist. 2002), the Appellate Court held that a plaintiff injured in a motor vehicle accident cannot maintain an action for negligent hiring, negligent retention, or negligent entrustment against the defendant’s employer if the employer accepts responsibility for the employee’s conduct. In other words, […]