Articles Posted in Counterclaims

by

In a federal district court matter, the district judge ruled that the obligation of a defendant who settled a negligence lawsuit wasn’t “uncollectible” and would not be reallocated between the remaining tortfeasors.

The Illinois Supreme Court, answering a question presented by the 7th Circuit Court of Appeals, concluded that “the obligation of a tortfeasor who settles is ‘not uncollectible’ within the meaning of Section 3.” Section 3 is part of the Illinois Joint Tortfeasor Contribution Act, which states that “no person shall be required to contribute to one seeking contribution an amount greater than his pro rata share,” except when “the obligation of one or more of the joint tortfeasors is uncollectible.”

Two of the seven Illinois Supreme Court justices dissented with a view that this ruling undermined the legislative goal of promoting settlements. The dissent stated that the Illinois Supreme Court’s decision “would likely require the General Assembly to revisit the Contribution Act.”

Continue reading

by

Susan Danzig and Carla Davis, plaintiffs, attended a student play put on by the Professional Theater and Dance Youth Academy (dance academy) at the Woodlawn facility at The University of Chicago Charter School Corp. (charter school) on Feb. 24, 2017. While there, the plaintiffs were instructed to sit on a bench by an employee of the charter school. The bench collapsed, injuring both Danzig and Davis.

The plaintiffs filed an identical one-count negligence lawsuit against the dance academy and the charter school on March 20, 2018. The charter school moved to dismiss the complaint, claiming the case was barred by the statute of limitations, citing the Illinois Tort Immunity Act, section 101(a), which requires claims to be filed within one year of the alleged injury.

On June 28, 2018, the plaintiffs filed a response and the dance academy moved to dismiss and filed a counterclaim against the charter school for contribution. The charter school moved to dismiss, also citing the one-year statute of limitations.

Continue reading