Damages means damages, not attorneys’ fees

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Goldberg Segalla focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted January 26, 2022 10:18 AM

Following on its line of cases culminating in Synder v. Heidelberger, 2011 IL 111052, in which the Illinois Supreme Court held that a single injury triggers the statute of limitations against attorneys and that the alleged injury must be real and tangible, the court held last week in Suburban Real Estate Services, Inc. v. Carlson¸ 2022 IL 126935, that the statute of limitations began to run when a judgment was entered against the legal malpractice plaintiff, not when the legal malpractice plaintiff began to incur attorneys …

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Manufacturer claims immunity for rubber bullet injury

Claiming immunity under the Protection of Lawful Commerce in Arms Act when Eduardo Santos sued for severe injuries allegedly caused by a police officer who shot him in the face with a rubber bullet, Defense Technology — the company that manufactured the “kinetic impact projectile” and KIP launcher — argued the statute’s product-liability exception didn’t apply.
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“The law that applies to this case is stated in these instructions, and it is your duty to follow all of them.” So states Illinois Pattern Jury Instruction 1.01(2), which the judge reads to the jurors in every criminal case before the jury begins its deliberations. If we expect jurors to follow the law, we surely must expect judges to lead by example and do the same thing.
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