Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2014 Articles

Abolish Rule 23 non-precedential orders By Robert T. Park December 2014 Many Rule 23 orders contain important and unique statements of the law, which could be of value to brief writers and judicial decision makers at the trial and appellate level.
4 comments (Most recent December 18, 2014)
Adjudication of liens in claims involving inadequate insurance coverage: Wolf v. Toolie as the latest contribution in this ongoing saga By Richard L. Turner October 2014 The recent appellate decision in Wolf v. Toolie, decided September 30, 2014, does not offer plaintiffs’ attorneys much in the way of relief.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley November 2014 An analysis of the recent case of GMAC Mortgage, LLC v. Arrigo.
Civil practice Supreme Court Rule changes: 2013 By Hon. Barbara Crowder January 2014 An overview of the changes made to the Supreme Court Rules in 2013.
Clear warning for attorneys in wrongful death cases By Mark Rouleau August 2014 The case of Estate of Powell v. John C. Wunsch, P.C. stands as a clear lesson for all plaintiffs’ counsel that they must seek to probate the portions of settlements that are allocated to minors and incompetents that exceed $5,000.
Closing argument: Some topics to consider By John M. Stalmack January 2014 A useful article to guide you when crafting your closing arguments.
Compensation for household services By Mark Rouleau June 2014 Anytime a person is unable to perform their ordinary job duties causing them to suffer a loss of income it is very likely that they also suffer a loss of the household services that they would have ordinarily provided to themselves or their spouses. This element of damages is frequently overlooked even though it is very easily calculated.
Crafting helpful amicus filings in the Supreme Court of Illinois pursuant to Illinois Supreme Court Rule 345 By Matthew R. Carter January 2014 This article discusses the role of amicus curiae briefs in light of the Illinois Supreme Court’s function in the development of Illinois’ jurisprudence.
Developments in piercing the corporate veil By George S. Bellas & Misty J. Cygan June 2014 In Buckley v. Abuzir, 2014 IL App (1st) 130469, the appellate court clarified a somewhat confusing area of law—veil-piercing—in its reversal of the trial court’s dismissal of plaintiff’s amended complaint.
The distraction exception explained: Virginia Bruns v. the City of Centralia By Hon. Daniel T. Gillespie & Greg Conner October 2014 The Illinois Supreme Court clarified when the distraction exception applies to the open and obvious rule in slip and fall cases in Bruns v. City of Centralia.
Employer may be liable for deaths after employee sent threats from company computer By Hon. Russell W. Hartigan & Jessica L. Fangman October 2014 On August 12, 2014 the Illinois Appellate Court, Fifth District, decided Regions Bank v. Joyce Meyer Ministries, Inc., finding an employer may be liable for the deaths of an employee’s wife and children, when death threats were sent by the employee to himself and his family using the employer’s computer network, and the employer voluntary undertook the responsibility to provide security and surveillance for their safety but failed to do so.
Evolving Illinois parentage laws By Jeffrey A. Parness April 2014 A look at what the trends, driven by changes in technology and human conduct toward legal parentage beyond biological ties and formal adoptions, mean for civil litigators.
Falling down and proximate cause By Robert T. Park April 2014 The recent decision in Vertin v. Mau illustrates that in a premises liability claim, plaintiff must show the reason for a fall, not just that defendant might be to blame.
For general jurisdiction, there’s no place like home By Shawn Wood & Josh Jubelirer April 2014 In Daimler AG v. Bauman, the United States Supreme Court recently limited the application of general jurisdiction in a decision that stands to undermine forum shopping and profoundly impact where large companies may be sued.
General partner liability on a judgment against the partnership By Jeffrey A. Parness November 2014 When the negligence of a partnership employee caused one harm, can one sue a partner on a theory of respondent superior in a 2007 case and then, after losing that claim, sue the same partner in 2013 for the unsatisfied portion of the judgment entered against the general partnership in the earlier case?
Gold Dust Coins: Shining light on high court’s “effective date of service” rules By Stephen Sotelo March 2014 The key takeaway of Gold Dust Coins: S.C.R. 12’s “Effective Date of Service” rules are used to “measur[e] time periods that begin to run from the date of service,” not to shorten “the time [allowed] for compliance.”
Illinois court finds default judgment proper only after notice and repeated failure to comply By Hon. Russell W. Hartigan & Griffen Thorne May 2014 On February 11, 2014, the Illinois Appellate Court decided Locasto v. City of Chicago, reversing a trial court’s grant of default judgment against the defendant, which consistently failed to meet discovery deadlines.
The Illinois Supreme Court expands the reach of the Code of Civil Procedure’s six-year statute of repose By Hon. Russell W. Hartigan & Griffen Thorne March 2014 On February 21, 2014, the Illinois Supreme Court decided Evanston Insurance Company v. Riseborough, holding that the six-year statute of repose from section 13-214/3 of the Code of Civil Procedure, which applies to “the performance of professional services,” includes services where the parties have no fiduciary duty, and claims that are not limited to legal malpractice.
Is vacating a final judgment an equitable remedy? By Patrick M. Kinnally July 2014 The author advocates for a Supreme Court rule addressing the topic of equity. 
Jury instruction update By Hon. Barbara Crowder September 2014 A discussion of the civil jury instruction changes approved so far in 2014.
Labor dispute raises civil practice and privilege issues By Nigel Smith February 2014 A summary of the recent case of Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, and the procedural steps taken by each of the parties.
Limits on common law privileges and self-critical analyses By Jeffrey A. Parness February 2014 The recent case of Harris v. One Hope United, Inc. did not elaborate on any differences between General Assembly deference in privilege extension or establishment.
More legally disabled are now able to toll statute of limitations By Stephen Sotelo September 2014 Public Act 098-1077 goes into effect on January 1, 2015, and it will apply to actions commenced or pending after that date.
The new e-discovery amendments to the Supreme Court Rules: Illinois catches up By Timothy J. Chorvat July 2014 On May 29, 2014, the Illinois Supreme Court enacted a series of amendments to the Supreme Court Rules.
1 comment (Most recent July 18, 2014)
New releases from the appellate court on local governmental tort immunity: “Abruzzo Returns” and “The Sidewalks of the College of DuPage” By Richard L. Turner February 2014 Recently, the appellate court had occasion to again consider local governmental immunity in the context of the Emergency Medical Services Systems Act, and the Local Governmental and Governmental Employee’s Tort Immunity Act, with respect to the liability of an emergency medical technician in an emergency response, and the liability of a college for its process in responding to a sidewalk deviation under the Tort Immunity Act.
Opposing counsel’s publication of social security number is not actionable By George S. Bellas March 2014 The recent case of Johnson v. Johnson and Bell, Ltd. considered the consequences of publishing a litigant’s personal information in a pending lawsuit and ruled that the litigation privilege precluded any liability.
Price v. Phillip Morris: Back from the dead? The appellate court finds the trial court exceeded the scope of its Section 2-1401 review By Hon. Russell W. Hartigan & Jessica L. Fangman July 2014 On April 29, 2014, the Illinois Appellate Court decided Price v. Phillip Morris, and found the trial court exceeded the scope of its section 2-1401 review.
Representing a corporation in state court—Redux 2014 By Patrick M. Kinnally May 2014 Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.
Severance agreements do not create new debt and are valid under the Park District Code By Hon. Russell W. Hartigan & Griffen Thorne May 2014 The bottom line in Wheeling Park District v. Arnold is that although park district board members can be given broad authority—like the running of day-to-day operations or the ability to hire and fire—that authority cannot extend to binding a park district in any agreement that “creates any debt, obligation, claim or liability.”
Sharbono v. Hilborn: The use of PowerPoint at trial—More than just demonstrative evidence? By Richard L. Turner July 2014 The case of Sharbono v. Hilborn presents an interesting discussion with respect to the use of technology at trial, and whether a PowerPoint presentation can be properly classified as either “demonstrative” or “evidentiary,” as well as the necessary foundation for the use of such technology/demonstration at trial.