Section Newsletters

Articles on Civil Practice and Procedure

A Practical Decision as to What ‘As Soon as Practicable’ Means By J. Matthew Pfeiffer Civil Practice and Procedure, March 2021 In the recent appellate decision Lathrop v. Safeco Insurance Co., the court considered at the meaning of "as soon as practicable."
Why and How to Request Native File Formats in Requests for ESI Production By George Bellas & Leslie Nelson Civil Practice and Procedure, February 2021 As more of daily life continues to shift online—now accelerated due to the pandemic—the importance of electronically stored information will undoubtedly continue to increase across all litigation.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte General Practice, Solo, and Small Firm, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Health Care Law, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Bias: Instructing Jurors—Illinois Pattern Jury Instructions (Civil) 1.08 By Patrick M. Kinnally Civil Practice and Procedure, November 2020 If the law is going to come from the people, then jurors need to understand they are fact finders as well as the guardians of probity.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Civil Practice and Procedure, November 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Back to Basics: Accuracy of Proposed Demonstration and Proper Foundation for Permanency Opinions by Plaintiff’s Expert are Prerequisites to Admissibility By Michael A. Beci & Andrea L. Collins Civil Practice and Procedure, June 2020 In Ackerman v. Yapp, et al., the first district touches on important evidentiary principles pertaining to expert opinion testimony and demonstrative evidence at trial, as well as standards the party offering the evidence must meet for admission of such evidence.
A Flaming Flannel Shirt Gets Extinguished by Illinois Premises Liability Precedent By Andrew B. Carroll & Andrea L. Collins Civil Practice and Procedure, June 2020 In Smith v. The Purple Frog, Inc. d/b/a Pottsie’s Place, the apellate court upheld longstanding premises liability precedent concerning open and obvious conditions and an owner’s duty to warn.
Discovery and the Circle of Trust Knowledge By Judge Eugene Doherty Civil Practice and Procedure, August 2019 The purpose of discovery is the transmission of knowledge from one party to the other. But what constitutes “knowledge” of information sufficient to trigger the duty to disclose?
Illinois Supreme Court Rules Delayed Lakefront Trail Repair by Park District Does Not Rise to Willful and Wanton Misconduct By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, August 2019 The Illinois Supreme Court recently issued a ruling in Cohen v. The Chicago Park District that examined the application of certain sections of the Tort Immunity Act in an injury case.
With a suggestion that the defendant is legally blind, can plaintiff get defendant’s medical records? By Robert Handley Civil Practice and Procedure, June 2019 A summary of Palm v. Holocker.
A keepsake: The Due Process Clause in civil litigation—People v. Gawlak By Patrick M. Kinnally Civil Practice and Procedure, March 2019 In People v. Gawlak, the Illinois Supreme Court considered whether the circuit court arbitrarily violated the due process rights of a defendant
Contextual parentage By Jeffrey A. Parness Civil Practice and Procedure, December 2018 A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Self-authentication of digital records: New Illinois Rule of Evidence 902(13) By George Bellas Civil Practice and Procedure, December 2018 Effective December 1, 2017, Rule 902 of the Federal Rules of Evidence was amended to add two provisions that authorize self-authentication of electronic evidence by certification.
Presumptions and powers of attorney By Patrick M. Kinnally Trusts and Estates, September 2018 In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Presumptions and powers of attorney By Patrick M. Kinnally Civil Practice and Procedure, July 2018 In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Champerty, contingent fees, and client advocacy By Patrick M. Kinnally Civil Practice and Procedure, May 2018 Prospect Funding Holdings, LLC, v. Keenan Saulter and Saulter Tarver, PC provides guidance for how to proceed if you are involved in addressing a client's need for a loan in connection with your representation.
1 comment (Most recent May 22, 2018)
Illinois Supreme Court green lights social host liability case for fraternity hazing By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, May 2018 While the doctrine against social host liability exists in Illinois, the Bogenberger v. Pi Kappa Alpha Corporation ruling demonstrates that in the presence of certain egregious facts, Illinois courts are willing to lift the protective doctrine against social host liability.
2 comments (Most recent May 25, 2018)
Civil law and procedure updates By Hon. Barbara Crowder Civil Practice and Procedure, January 2018 Highlights of recently enacted legsilation.
Limiting the general: How practitioners can (and should) use the ejusdem generis rule of construction in everyday practice By Matthew R. Davison Civil Practice and Procedure, December 2017 Across the legal spectrum, the rule of ejusdem generis remains an eloquent and aged technique for articulating rational limitations on ostensibly general phrasing.
Overview of Interlocutory Appeals By Angela J. Rollins Federal Civil Practice, September 2017 This article provides a brief overview of this complex area of law, describing the various ways an aggrieved party may seek review of an interlocutory order.
Stipulation versus guilty plea: Are both admissions? By Hon. Eugene G. Doherty Civil Practice and Procedure, August 2017 It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
2 comments (Most recent October 20, 2017)
Court orders and detective Sergeant Joe Friday By Michael J. Maslanka Young Lawyers Division, April 2017 When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
There is no bright line test for the admission of alcohol in a civil case By Daniel O’Brien Bench and Bar, March 2017 When we hear BAC is beyond a certain level the reaction is the alcohol should automatically be admitted to show impairment. This rush to admit this evidence is not the law.
1 comment (Most recent March 9, 2017)
The Illinois Supreme Court should promulgate an “offer of settlement or judgment” rule By Paul E. Freehling Civil Practice and Procedure, December 2004 My premise in this article is that, for most civil litigation, settlement is preferable to a trial. Obviously, if the claims are not justiciable, the complaint should be dismissed.
How to correctly respond to a movant’s local rule 56.1 statement of facts By Daniel J. Kurowski Federal Civil Practice, November 2004 You're sitting at your desk when a partner stops by your office and asks if you're busy.
Query: The Fiduciary Shield Doctrine. Have the exceptions swallowed the rule? By John B. Kinkaid Civil Practice and Procedure, November 2004 This sometimes obscure but very important rule implemented to protect employees of foreign corporations doing business in Illinois from the improper exercise of our court's jurisdiction has been with us since 1959.
1st District Appellate Court withdraws first opinion in Ozik v. Gramins By James P. Ginzkey Tort Law, June 2004 The opinion in Ozik  v. Gramins, was controversial, in large part, because of what the opinion didn't say, as opposed to what the opinion did say.Ozik
Case summaries By George S. Miller & Alfred M. Swanson, Jr. Bench and Bar, June 2004 In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.
Some deadlines really are final By Daniel T. Gillespie Civil Practice and Procedure, May 2004 As Justice Smith wrote in this unanimous In re Estate of Lucy J. Kunsch opinion, "Rule 216 is not a suggestion, but rather a rule that must be strictly obeyed and enforced." Some deadlines must be met. Some final dates really are final.

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