AdmissionsBy John M. StalmackAugust 2007The editors of Trial Briefs are grateful to John Stalmack for submitting this thorough discussion of admissions.
AdmissionsBy John M. StalmackJuly 2007The editors of Trial Briefs are grateful to John Stalmack for submitting this thorough discussion of admissions.
Bad-Faith Requirement for Fee Shifting in the Consumer Fraud Act: Krautsack v. AndersonBy Allen S. Goldberg & W. Dan LeeSeptember 2007The Supreme Court of Illinois in Krautsack v. Anderson recently held that fee awards to a prevailing defendant under section 10a(c) of the Act should be granted “only if the trial court makes a threshold finding that the plaintiff acted in bad faith.”
Can an unlicensed law firm recover in a suit for attorney fees?By Hon. Daniel T. GillespieMay 2007One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Can an unlicensed law firm recover in a suit for attorney fees?By Hon. Daniel T. GillespieJanuary 2007One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Civil Practice CLE is visiting New OrleansBy Michael P. McCuskeyMarch 2007Yes, we are going to New Orleans. Let the good times roll when the Civil Practice Section Council presents a CLE program on trial practice in New Orleans on Friday, May 4, and Saturday, May 5.
Contacting an opponent’s employee and former employeesBy Mark RouleauDecember 2007This article addresses the scope of the attorney-client privilege with respect to counsel’s contact with employees of an opposing party.
Court reinforces prohibition against using deceased party’s discovery deposition as trial evidenceBy Kathryn R. HoyingOctober 2007In the matter of Longstreet v. Cottrell, Inc., 374 Ill.App.3d 549, 871 N.E.2d 72 (5th Dist. 2007), the appellate court reconciled Illinois Supreme Court Rules 212(a)(3) and 212(a)(5), and affirmed the trial court’s order barring the use of a deceased plaintiff’s discovery deposition as evidence at trial. Plaintiffs, a truck driver and his wife, filed suit for bodily injury and loss of consortium allegedly suffered in connection with the husband’s employment.
Court reviews jury instructions, expert testimony, remittitur and post-judgment interestBy Kathryn R. HoyingFebruary 2007In the recent strict products liability case of Mikolajczyk v. Ford Motor Co., the court resolved a number of issues where a decedent’s estate alleged a defective design of a collapsing front seat against Ford, and negligence against the other driver, whose negligence was determined by summary judgment.
Do motions in limine preserve error?By Robert T. ParkFebruary 2007Anticipating key evidentiary issues in an upcoming trial, you file a motion in limine to exclude certain harmful evidence.
E-discovery now, not later—New Federal Rules of Civil ProcedureBy Michael J. HansonFebruary 2007When the new amendments to the Federal Rules of Civil Procedure went into effect December 1, 2006, life got tougher for some attorneys who scrupulously avoid dealing with electronic data issues. A not uncommon approach has been to defer dealing with issues related to the discovery of electronically stored information (ESI) until later in the case, hoping that later will become never.
The “empty chair” defense at trialBy Steven G. PietrickJanuary 2007It is common for defense attorneys to speak of pointing to an “empty chair” at trial in order to shift the responsibility from their client to another entity which is not a party in the case.
Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLCBy Allen S. Goldberg & W. Dan LeeApril 2007The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.
Filing of general appearance does not waive jurisdictional objectionBy H. Allen YowMarch 2007In the recent decision of KSAC Corporation v. Recycle Free, Inc., the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Illinois law governs products case with complicated conflict of law analysisBy Kathryn R. HoyingFebruary 2007The recent case of Townsend v. Sears Roebuck and Co., involves a conflict of laws analysis regarding strict liability, punitive damages and limits (“caps”) on noneconomic damages between Illinois and Michigan.
IPI notes and comments: Dicta or Law?By Susan M. BrazasJanuary 2007Many trial attorneys can attest to the uphill battle faced by anyone proposing departure from IPI, the Illinois Pattern Jury Instructions.
Legislation: Medical and Legal RecordsSeptember 2007Public Act 478 and PA 95-480 amend 735 ILCS 5/8-802, 8-2001, 8-2005, and 8-2006 of the Code of Civil Procedure affecting medical or legal records: (1) Allows charging for the actual postage or shipping charge of the records; (2) Clarifies that records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under this statute.
The mailbox rule does not apply to refiling of a voluntarily dismissed complaintBy Kimberly L. DahlenDecember 2007In Wilson v. Brant, 374 Ill.App.3d 306, 869 N.E.2d 818 (1st Dist. 2007), a unanimous First District Appellate Court determined that the mailbox rule does not apply to the commencement of any action, specifically in this case, where a plaintiff refiled a complaint after taking a voluntary dismissal.
MCLE credit and newsletter authorsOctober 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
MCLE credit and newsletter authorsSeptember 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
MCLE credit and newsletter authorsAugust 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
Pay[ment] attention: a lesson in avoiding unintended accord and satisfactionBy J. Matthew PfeifferMay 2007A fairly recent decision from the First District of the Appellate Court of Illinois will likely have corporate office managers, accounts receivable employees, and the like, double-checking each payment and correspondence received from their customers to make sure the fate that met the plaintiff in MKL Pre-Press Electronics/MKL Computer Media Supplies, Inc. v. La Crosse Litho Supply, LLC, 361 Ill.App.3d 872, 840 N.E.2d 687 (1st Dist. 2005), does not befall them.