On January 30, 2004, the Appellate Court of Illinois, Second District, affirmed the order of the Circuit Court of Lake County admitting evidence of a motorist's prior injuries without expert testimony regarding causation of the prior injuries.
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.
On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.
On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.
Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.
Rule 213, introduced a few years ago to solve problems caused by old Rule 220, is causing problems of its own. The Supreme Court Rules Committee has proposed another fix for the rule governing admission of opinion testimony.
On August 16, 2001, the Appellate Court of Illinois, Second District, held that the trial court abused its discretion when it refused to accept the defendant's requested jury instruction on witness believability.
Under current Illinois law, courts may permit children under 18 who are witnesses in certain criminal prosecutions like sexual assault, predatory sexual assault of a child, and sexual abuse to testify via closed-circuit television outside the courtroom if the judge determines that in-court testimony would result in the child suffering serious emotional distress.
Last month's IBJ focused on the practical implications of Rule 213(g); this month's article undertakes a thorough analysis and offers recommendations for improvement.
On November 22, 2000, the Supreme Court of Illinois affirmed the appellate court's finding that a defendant was denied his constitutional right to confrontation during his trial when the trial court allowed the use of podiums to prevent a child witness and the defendant from seeing each other as the witness testified about an alleged sexual attack.
