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  • Ready v. United

    by Scott Britton
    The Illinois Supreme Court’s recent decision in Ready v. United/Goedecke Services, Inc., Docket No. 103474, 2008 Ill. LEXIS 1439 (November 25, 2008, modified on denial of rehearing on March 23, 2009) settled a long-disputed question regarding the interpretation of a provision of the Illinois Joint Tortfeasors Liability Act, 735 ILCS 5/2-1117. At issue in Ready was whether co-defendants who settle prior to trial should be included on the jury verdict form apportioning fault. The Supreme Court determined that the 2-1117 required exclusion of settling defendants from the verdict form apportioning fault as they are not “defendants sued by the plaintiff” under the statute. This article discusses the Ready decision and the strategy going forward defending tort actions with multiple defendants, including both the question Ready answered and the very important question left unanswered.
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  • Court stifles cry for expansion of affirmative duties

    by Scott Britton
    The Supreme Court recently considered the extension of affirmative duties to act and the alleged erosion of the “special relationship” doctrine in Iseberg v. Gross. In this case, a joint business venture left one partner financially distraught and mentally unbalanced, blaming an ex-partner, the plaintiff in the case, for his plight.
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  • Illinois Looks Forward at Relation-Back Doctrine

    by Scott Britton
    The Illinois Supreme Court recently set out to shed light on the “gray area” of the relation back doctrine, codified by 735 ILCS 5/2-616(b), through their January 08 decision in Porter v. Decatur Memorial Hosp.
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  • Untried Allegation Laid to Rest with Res Judicata

    by Scott Britton
    Recently, Illinois Supreme Court decided Hudson v. City of Chicago. In November of 1998, 5 year old Hudson died of acute asthma exacerbation when a fire engine without advanced life support equipment was dispatched by the 911 operator.
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  • General Assembly is a step behind in preventing step-down provisions

    by Scott Britton
    Effective January 1, 2008, section 143.13a of the Illinois Insurance Code mandates that private passenger automobile liability policies must provide the same coverage limits to anyone insured under the policy, regardless of whether that person is a named insured or a permissive user.
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