CM Report of Recent Decisions (2009v2)
2009 Volume 2
A summary of significant recent developments in the law focusing on substantive issues of litigation and featuring analysis and commentary on special points of interest.
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Articles in this report
IL Appellate Courts Confirm Causation Cannot Be Based on Mere Speculation or Conjecture
Liability cannot be premised merely upon surmise or conjecture as to the cause of injury. Although Strutz, Majetich and Rogers are premises liability cases, the fundamental causation principles discussed therein can be applied to any causation issue in Illinois.
Prior to Townsend, a significant number of admiralty courts declined to award punitive damages for failure to pay maintenance and cure based on Miles. It is now imperative that marine employers and vessel owners vigilantly comply with maintenance and cure obligations to avoid exposure for punitive damages.
Seventh Circuit Finds "Mild Anxiety" Insufficient To Allow Recovery For Negligent Infliction Of Emotional Distress Under Illinois Law
In Lewis v. CITGO Petroleum Corp., 561 F.3d 698 (2009), the United States Court of Appeals for the Seventh Circuit examined Illinois law and concluded that mild anxiety caused by an employee's exposure to hydrogen sulfide gas was not so severe as to allow recovery for negligent infliction of emotional distress.
