Can a plaintiff climb out of the pothole issue?By Michael J. MarovichFebruary 2005Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
Casenotes by members of the Northern Illinois University Law ReviewBy David NeumanJune 2005The Illinois Supreme Court recently decided an insurance coverage case that will affect the way insurance companies write policies and handle their responsibilities to insureds.
Insurance companies beware: Documents normally privileged may be discoverableBy D.J. EvansNovember 2005The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Judicial notice revisitedBy Patrick M. KinnallySeptember 2005Recently, I was involved in a trial where my opponent was attempting to have the court take judicial notice of a municipal ordinance.
Opinion witness disclosure under Supreme Court Rule 213By Russell W. HartiganApril 2005In 2002, Rule 213(f) underwent a dramatic change in the manner in which trial witnesses are disclosed. Prior to the amendment, parties were required merely to provide minimal information upon request of opposing counsel. Furthermore, Rule 213(f) typically applied to lay witnesses.
Pre-trial interest vs. pre-trial inflationBy Phillip Rushing & Kennith BlanJune 2005Absent statutory authority, pre-judgment interest is not recoverable in tort actions in Illinois. Cress v. Recreation Services, Inc., 341 Ill.App.3d 149, 795 N.E.2d 817 (2nd Dist. 2003), appeal denied, 206 Ill.2d 615.
Recent changes in Civil Jury Instructions in the IPI-Civil, 2005 EditionBy Richard L. TurnerApril 2005Recent changes in the Illinois Pattern Jury Instructions for civil cases reflect an attempt on the part of the Supreme Court Committee on Jury Instructions in Civil Cases to fine-tune those instructions which may have led to potential juror confusion.
State of mindBy John M. StalmackSeptember 2005A perplexing evidentiary concept is that of a person's state of mind. Hearsay evidence is testimony given in court, either orally or in writing, of a statement made out of court offered to show the truth of the matter asserted in that statement.
Want to be like Mike? Not latelyBy D.J. EvansSeptember 2005It has been said that your past always comes back. For Michael Jordan, nothing could be more devastatingly true.