Articles Archive - Cassidy & Mueller P.C.

Construction Negligence-Significant Developments With Affect and Shape of Tort

IDC Quarterly Volume 25, Number 4 (25.4.37) | Page 1 Illinois Association of Defense Trial Counsel | www.iadtc.org | 800-232-0169 Statements or expression of opinions in this publication are those of the authors and not necessarily those of the association. IDC Quarterly, Volume 25, Number 4. © 2015. Illinois Association of Defense Trial Counsel. All […]

Vicarioius Liability In Construction Negligence Cases Misapprehension Leads to Mischief

Page 1 of 13 Illinois Association of Defense Trial Counsel Springfield, Illinois | www.iadtc.org | 800-232-0169 IDC Quarterly | Volume 21, Number 3 (21.3.58) Feature Article By: David B. Mueller Cassidy & Mueller, Peoria Vicarious Liability in Construction Negligence Cases Misapprehension Leads to Mischief This is the fourth in a series of articles on the […]

As The Dust Settles – Construction Negligence Litigation After Carney v. Union Pacific

FEATURE ARTICLE 30.4.4 As the Dust Settles – Construction Negligence Litigation After Carney v. Union Pacific Written by: David B. Mueller and Caroline C. Haas, Cassidy & Mueller, P.C., Peoria This is the eighth article on the subject of construction negligence law under Restatement (Second) of Torts § 414 (1965) since the Structural Work Act (Act) was repealed in 1995. […]

Carney v. Union Pacific Railroad Co.: Daylight Comes to Section 414

Feature Article David B. Mueller Timothy J. Cassidy Cassidy & Mueller P.C., Peoria Carney v. Union Pacific Railroad Company: Daylight Comes to Section 414 I. Introduction The Illinois Supreme Court in Carney v. Union Pacific Railroad Co., 2016 IL 118984 dealt with three claims founded upon provisions of the Restatement (Second) of Torts: (1) Section […]

Duty To Settle — Exhaustion, Commercial And Professional Liability Insurance

Ch. 16, IICLE (2014)

This is a chapter in the Illinois Continuing Legal Education text on insurance coverage. It involves excess exposures vis a vis policy limits and policy limit demands.

Wills v. Foster, A Split Decision In The Battle Between Compensatory Damages and the Collateral Source Rule

IDC Quarterly Vol. 18, No. 4 (18.4.26)

This article involves the governmental discount which is accorded to bills which are paid through Medicare or Medicaid.

Arthur v. Catour In the World of Compensatory Damages A Consideration of Arthur v. Catour in the Context of Its Ancestors and its Progeny

IDC Quarterly Vol. 17, No. 3 (17.3.8)

This article deals with whether a plaintiff is entitled to submit the face amount of medical bills which have been satisfied at a “discount”.

Coverage for Kotecki Waivers: Finally an Answer

IDC Quarterly Vol. 17, No. 2 (17.2.34)

As discussed in Complexities in Construction Negligence Litigation, inter alia, in Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155 (1991), the Illinois Supreme Court “capped” an employer’s contribution liability based upon its statutory exposure for compensation benefits.

Complexities in Construction Negligence Litigation

IDC Quarterly Vol. 13, No. 3 (13.3.18)

As discussed above, this article includes an in-depth discussion of “additional insured” and “targeted tender” issues which uniformly pervade construction negligence cases.

Construction Negligence-Significant Developments Which Affect and Shape the Tort

IDC Quarterly Vol. 25, No. 4 (25.4.37)

This article clarifies both the control requirement and the necessity that a plaintiff prove actual or constructive knowledge of a hazardous condition or work practices as a prerequisite to recovery.

"The law is not an inflexible structure whose walls restrain progress. Rather, it needs to be nudged molded and shaped. An able advocate best represents his client by convincing the Courts of that fact."

John E. Cassidy. Sr. (1896-1984)
Firm Founder Illinois Attorney General (1938-1940)