On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.
Ponto holds that a plaintiff who has not sued a third-party defendant directly has no right to collect from it directly - even if the third party defendant is more than 25 percent at fault.
By Gabriel Reilly-Bates, Richard Y. Hu, & Claire E. Brennan
October
2014
Article
, Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.
On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.
On June 19, 2014, the Illinois Supreme Court held that attorneys owe a duty to non-client beneficiaries of a wrongful death claim when damages are distributed.
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.
On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.
Under the right circumstances, you can help prove or defend your civil case by using the investigating police officer's report as a past recollection recorded.
More law firms are taking cases from far-flung places, and they need local counsel to make court appearances on their behalf. Find out more about this growing source of business.
Recent appellate opinions and orders show that too many attorneys improperly label and file motions to dismiss and for summary judgment at the trial level. Here's how to get it right.
On March 20, 2014, the Illinois Supreme Court held that waiver of personal jurisdiction by appearance does not apply retroactively to orders entered before the appearance, resolving a conflict in the appellate courts.
On February 24, 2014, the First District Appellate Court of Illinois held that the absolute litigation privilege bars claims brought by a plaintiff on the basis of conduct that took place in a prior and separate judicial proceeding.
By Jessica Livieres, Andrew Cho, & Hon. E. Kenneth Wright Jr.
May
2014
Article
, Page 242
This article explores the background and purpose of Federal Rule 68 and how to address its many shortcomings should Illinois adopt a similar offer-of-judgment provision.
A party facing an injunction gains leverage by persuading the court to impose a high bond. The plaintiff, on the other hand, wants a low bond or none at all. Here's how to argue both sides.
Res judicata and collateral estoppel can be powerful defenses in litigation malpractice cases, even when the lawyer was not a party to the underlying action. But they aren't without limitations.
Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.
On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.
After the defendant died, the plaintiff in a car-accident case failed to sue the estate's "personal representative." That meant the court lacked jurisdiction, the supreme court ruled.
The Illinois Supreme Court recently applied the mailbox rule to filings for circuit-court review of Workers' Compensation Commission rulings. Here's what it means.
On September 11, 2013, the Fourth District Appellate Court held that orders for scheduling and continuances are not substantial rulings that would allow for the denial of a motion for substitution of a judge as of right.
Recent Illinois Supreme Court rule changes enable lawyers to represent clients in litigation for only a portion of a case. Proponents say that's good for lawyers, clients, and judges.
Illinois is one of a very few states without statewide standardized court forms. That's beginning to change, thanks to the supreme court's Access to Justice Commission.
Amended Rules 11, 13, and 137 create business opportunities for lawyers by making it easier to represent clients for part, but not all, of a lawsuit or transaction.
