Trial Briefs

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

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2023 Articles

Asking the Wrong Court May Bar Relief: Fourth District Identifies ‘the Court’ Intended to Grant Relief Under Illinois Supreme Court Rule 9(d)(2) By Hannah R. Lamore & Adam Umek August 2023 As a stark reminder to read the Illinois Supreme Court Rules, the Fourth District Appellate Court recently affirmed the order of the Sangamon County Circuit Court dismissing defendants finding plaintiff requested relief under Rule 9(d)(2) for an untimely filing from the wrong court.
Can Punitive Damages Become Compensatory Damages? By Robert Handley July 2023 A summary and analysis of Midwest Sanitary Service, Inc., et al. v. Sandberg Phoenix & Von Gontard, P.C., et al.
Considerations Following an Award at Trial: Prejudgment Interest and Costs By Derek G. Dominguez December 2023 Prejudgment interest, signed into law by Governor Pritzker in 2021, was meant to encourage settlement in personal injury and wrongful death actions by introducing the potential for interest on judgments obtained in cases where defense counsel fails to make a timely or reasonable pretrial offer.  
The Earthquake That Wasn’t: Advocacy in Illinois Courts Under Amended Rule 23 By Shawn Wood & Jake Maginn May 2023 Prior to its most recent amendment, Illinois Supreme Court Rule 23 barred parties from citing to unpublished orders except in very limited circumstances.
1 comment (Most recent May 22, 2023)
An Essential Primer on Forum Non Conveniens: Milton v. The Boeing Co. By Harry Dubnick April 2023 The appellate court recently furnished a useful refresher on the issue of forum non conveniens in Milton v. The Boeing Co.
Fees in Disguise? How Courts Can Award Attorneys’ Fees in Intentional Tort Cases Without Statutory or Contractual Authority By Hon. Timothy J. McJoynt & Mariah C. Ausbury August 2023 An analysis of howw attorneys' fees can be awarded when there is a valid statutory or contractual basis.
Former Section Chair Greg Moredock Receives ISBA Young Lawyer of the Year Award By Emily N. Masalski August 2023 Gregory E. Moredock of Springfield Illinois recently received the ISBA Young Lawyer of the Year Award (Outside Cook County) at the ISBA member reception held at the Morton Arboretum in May 2023.
ISBA Allerton Conference 2023—Technology and the Courts: Transforming the Delivery of Justice By Harry Dubnick & Ronald Menna April 2023 Takeaways from the 2023 Allerton Conference.
Looking For Deeper Pockets? What About Negligent Entrustment? By Mark Rouleau February 2023 Negligent entrustment is one type of legal doctrine that may apply and serve to expand the circle of potentially negligent defendants, thereby expanding the potential for a greater recovery.
The Mechanics of Preserving and Producing Text Messages By George Bellas & Kasey Hughes January 2023 Text messaging has led to some new issues on the common discovery requests.
Meet the New Section Council Chair: Deanna Litzenburg By Shawn Wood July 2023 The ISBA Civil Practice and Procedure Section Council welcomes Deanna Litzenburg as its new chair.
Personal Jurisdiction Remains a Fact-Intensive Inquiry By George Bellas & Kasey Hughes July 2023 The U.S. Supreme Court has created another level of uncertainty with a ruling that changes the landscape for establishing personal jurisdiction in Mallory v. Norfolk Southern R. Co.
Prejudgment Interest Statute Withstands Constitutional Challenges in the Appellate Court By David Handley & Jeffrey Eippert October 2023 The Illinois Prejudgment Interest Statute has withstood its first round of constitutional challenges in the appellate court in Cotton v. Coccaro and First Midwest Bank v. Rossi.
Procedural Pitfalls Prevent Plaintiff’s Recovery Under Personnel Record Review Act By J. Matthew Pfeiffer May 2023 The appellate court recently addressed particular nuances of Illinois’ Personnel Record Review Act, ultimately deciding that a defendant was entitled to a judgment on the pleadings due to the plaintiff’s failure to strictly follow the law’s procedural requirements.
Recognizing and Litigating Affirmative Defenses By Cathy A. Pilkington October 2023 A valid affirmative defense is a powerful litigation tool.
The Rise and Fall of the Robot Lawyer: The Beginning of AI Regulation in Legal Practice By George Bellas & Caroline Mazurek Cozzi February 2023 Only time will tell how AI will affect the legal profession, but it is evident that significant changes are underway.
Shaping the Mind of a New Attorney: Clerkship With the Cook County Circuit Court Chancery Division Offers Exposure to Breadth of Legal Matters Among Other Benefits By Andrew Miller December 2023 Although law students today have a more expansive understanding of what they can do with their legal education upon graduation, this has, in some ways, made it increasingly difficult for law students to develop a career path following graduation.
Should Plaintiffs Be Salivating Over the Recent White Castle Decision Addressing Claim Accrual Under BIPA? By Paul Yovanic April 2023 Perhaps no decision has been more controversial or potentially misconstrued as the recent Illinois Supreme Court decision in Cothron v. White Castle, which held that a claim accrues each time a private entity scans a person’s biometric identifier.
The State of Snap Removal in Illinois District Courts By Blake Kolesa August 2023 Snap removal is a tactic by which the plain language of the removal statute has been construed by many courts to permit a federal forum when the parties to an action would ordinarily not be permitted to remove the action to federal court.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne December 2023 A checklist of the steps needed to pursue electronic service in Illinois courts.
Update on the ISBA’s Diversity, Equity, Inclusion, and Accessibility Initiatives Regarding Disability and Disabled People By Patti Chang January 2023 Updates on the ISBA's diversity, equity, inclusion, and accessibility initiatives with respect to disability and disabled people.
What Is the Duty to Protect a Known Trespasser From an Open and Obvious Danger? By Robert Handley January 2023 A summary of Quiroz v. Chicago Transit Authority, in which the court considered whether the Chicago Transit Authority owed a duty of care to the plaintiff's decedent, who was struck by train.