Section Newsletters

Articles From Hon. James Fitzgerald Smith

Does your claim allege educational malpractice? By Hon. James Fitzgerald Smith & Julia Illman Maness Civil Practice and Procedure, August 2012 Does an injured person have a cognizable claim for negligence against a former teacher for an injury occurring after instruction that the injured person claims can be traced to poor teaching?
2 comments (Most recent September 17, 2012)
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first By Hon. James Fitzgerald Smith & Sonja Dimitrijevic Civil Practice and Procedure, October 2011 In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
SLAPPed with attorney fees: Awards pursuant to the Illinois Anti-SLAPP Act By Hon. James Fitzgerald Smith & Julia Illman Maness Civil Practice and Procedure, November 2010 Until the scope of the Anti-SLAPP Act is narrowed through legislation or judicial interpretation, this article's authors advise any attorney who is on notice that his or her actions may fall under the SLAPP matrix to proceed with caution.
Scrivener be aware: Attention to detail is essential in vendor’s endorsements By Hon. James Fitzgerald Smith & Julia Illman Maness Civil Practice and Procedure, February 2009 A recent opinion by the Illinois appellate court, First District, Fifth Division, reminds us that attention to detail when drafting a vendor’s endorsement in an insurance contract is of utmost importance.

Spot an error in your article? Contact Sara Anderson at sanderson@isba.org. For information on obtaining a copy of an article,visit the ISBA Newsletters page.

Select a Different Author