CM Report of Recent Decisions – 2016 Vol. 4

Articles in this report

Sidebar: Lessons From The Foxhole: Esposito Writes On Trial Wars

It was William Tecumseh Sherman who uttered those forever famous words, “[w]ar is hell.” Having left a path of destruction from Atlanta to Savannah, he certainly knew. But sooner or later, a trial lawyer would have said the same thing. For trial attorneys know that trial is war—and they are the warriors.

SPECIAL ALERT — Indiana Supreme Court Broadens Application Of Statutory Collateral Source Rule By “Charting A Middle Course”

In In Stanley v. Walker, 906 N.E.2d 852 (2009), the Indiana Supreme Court interpreted the state’s collateral source statute to permit a defendant in a personal injury action to introduce evidence of discounted medical payments negotiated between the plaintiff’s medical providers and his private health insurer to prove the reasonable value of medical services, as long as insurance is not referenced.

So Now We Know: A Long Awaited Decision Comes Concerning Owners And General Contractors Liability For Jobsite Accidents

Way back in 1965, the Illinois Supreme Court announced that Restatement §414 is part of the Illinois common law. It has taken 51 years for the Court to explain what that means. Carney v. Union Pac. R.R., 2016 IL 118984, marks the Court’s first attempt to clarify the liability of owners and general contractors for jobsite accidents.

Subrogation And Contribution Denied Against Municipal Entity

An insurer’s rights of contribution and subrogation against other insurers are typically preserved by contract, common law and/or a reservation of rights letter. When the other “insurer” is a self-insured public entity, however, additional considerations may apply.

Illinois Retains “Impact Rule” For Direct Victims Claiming Negligent Infliction Of Emotional Distress

The Illinois Supreme Court has recently confirmed that, despite some indications to the contrary in prior cases, the “impact rule” still applies to claims for negligent infliction of emotional distress in “direct victim” situations. Schweihs v. Chase Home Finance, LLC, 2016 IL 120041 (Dec. 15, 2106).

Download this publication as a PDF