Champerty, contingent fees, and client advocacyBy Patrick M. KinnallyMay 2018Prospect 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.
Contextual parentageBy Jeffrey A. ParnessDecember 2018A 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.
Court annexed mandatory arbitration pointersBy Margie Komes Putzler & Steve TefftDecember 2018If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process.
General contractor not liable for injury to subcontractor’s employeeBy Andrea L. Kmak & Kimberly A. DavisMarch 2018In LePretre v. Lend Lease (US) Construction, Inc., the court examined when a general contractor may owe a duty to employees of subcontractors, and the facts that can give rise to such a duty.
Guardian ad litem negligenceBy Gary L. Schlesinger & Rachael BernalSeptember 2018In the recent case Nichols v. Fahrenkamp, the fifth appellate district decided a case involving negligence of a guardian ad litem in probate court.
Illinois Supreme Court green lights social host liability case for fraternity hazingBy Andrea L. Kmak & Kimberly A. DavisMay 2018While 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.
Interest on judgments and awards: Can your client collect?By Patrick M. KinnallyJanuary 2018When does a judgment other than for child support begin to draw interest? At what rate? If you obtain an award or report, is the rule different?
Orders of protection cases often involve surprisesBy Gary L. Schlesinger & Rachael BernalSeptember 2018If items not specified in a petition for an order of protection fall within section 214 of the Domestic Violence Act, respondents will be at a disadvantage in attempting to fashion a defense.
Presumptions and powers of attorneyBy Patrick M. KinnallyJuly 2018In 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.
Self-authentication of electronic evidenceBy George BellasSeptember 2018As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
Sexual misconduct and Illinois civil procedure lawsBy Jeffrey A. ParnessFebruary 2018Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Snow and ice: Natural and obvious?By Jason G. SchutteOctober 2018The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC.
Trails, tribulations, and tort immunity: Then and nowBy Patrick M. KinnallyFebruary 2018We have two opinions from the Illinois Supreme Court (Corbett v. County of Lake and Cohen v. Chicago Park District) which provide today’s perception of the judiciary’s interpretation of the Local Government Tort Immunity Act.
Vicarious liability bars contribution between principal defendantsBy Jason G. SchutteFebruary 2018Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.