Trial Briefs

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

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2024 Articles

AI in Discovery? It’s Called TAR By George Bellas March 2024 Technology assisted review is a form of artificial intelligence in which the artificial intelligence machine learning assists in the review process by automatically reviewing, sorting, and classifying large volumes of documents based on whether the documents are likely responsive to discovery requests.
Application of the U.S. Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co. to General Personal Jurisdiction in Illinois (and Beyond?) By Carlos A. Vera & Daniel M. Yukich March 2024 In Mallory v. Norfolk Southern Railway Co., the United States Supreme Court ruled that a state statute that requires foreign corporations conducting business in Pennsylvania to consent to general jurisdiction does not violate the Due Process Clause of the Fourteenth Amendment.
Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?
Choosing Parentage Laws By Jeffrey A. Parness May 2024 Illinois Department of Healthcare and Family Services ex rel. Hull v. Robinson highlights the challenges facing lawyers and judges when parentage issues arise in two or more states.
The Death of the Best Evidence Rule By Ronald D. Menna, Jr. May 2024 In People v. Smith, the Illinois Supreme Court held that the Illinois Rules of Evidence codified and abrogated the common law best evidence rule.
Doe v. Catholic Bishop: How to Scrutinize Attorney-Client Privilege By Mohammad Ahmed & Bobby Montesano October 2024 Attorney-client privilege is an anchor of the legal profession, fostering open communication between attorneys and their clients. This privilege encourages clients “to engage in full and frank discussions with their attorneys without fear of compelled disclosure of information.” As such, the attorney-client privilege is an essential component of effective legal representation.
Ethical Practices in the Email Age Washington State Judge Bans AI Enhanced Video Evidence By David W. Inlander & Ronald D. Menna, Jr. June 2024 In March, a Washington trial judge entered an order barring a criminal defendant’s use of artificial intelligence enhanced video.
Everything Old Is New Again: Litigating 2-1401 Petitions By Hon. Eugene G. Doherty October 2024 If, after judgment, a party files a motion pursuant to Section 2-1401 of the Illinois Code of Civil Procedure, all bets are off. Pleadings start to fly with all the accuracy of a tee-shirt cannon at a ball game. How do we maintain our litigation discipline in the post-judgment setting?
Illinois Supreme Court Reminds Litigants to Seek Relief Before Complaining of Error By Hannah R. Lamore April 2024 In its latest response to untimely electronic filings, the Illinois Supreme Court reminds litigants to seek relief before complaining of error
Pre-suit Information Preservation Duties in Multistate Cases By Jeffrey A. Parness December 2024 Hard issues may still confront lawyers even when the future forum is known. The Illinois court may need to decide to apply non-Illinois law, including the law of another state or of the United States. Further, the choice of which government’s preservation duty law may vary depending on the form of the preservation duty. 
Reforming Illinois’ Biometric Information Privacy Act: A Crucial Move Towards Balance By Mallory Sanzeri December 2024 This article explores BIPA’s history, intentions, and recent reforms, finding that, ultimately, these updates are critical for balancing individual rights and business feasibility.
Somebody’s Watching Me: Balancing the Absolute Litigation Privilege With Protection From Abusive Surveillance By Shawn Wood & Jake Maginn June 2024 In Goodman v. Goodman, the appellate court held that the absolute litigation privilege barred a claim for intentional infliction of emotional distress arising from extensive surveillance of the plaintiff in a divorce proceeding.
Two Wrongs Do Not Make a Right: Illinois Adopts the ‘Partial Breach’ Doctrine By Ronald D. Menna, Jr. June 2024 Illinois follows the “first-to-breach" rule, which holds a material breach of a contract provision by one party may be grounds for releasing the other party from its contractual obligations.
Which Expired First: The Defendant or the Statute of Limitation? Plaintiffs Need to Know By Harry Dubnick April 2024 Jamie Lichter v. Kimberly Porter Carroll, Special Administrator for the Estate of Donald Christopher, Dec’d presents a question of the application of the statute of limitation to a defendant whose passing between the date the claim arose and the date of the filing of the lawsuit is unknown to the plaintiff.
‘… and Nothing But the Truth.’ By Nigel S. Smith April 2024 A summary of a recently tried small claims case involving a dispute between a landlord and tenant.