Everything Old Is New Again: Litigating 2-1401 Petitions
By Hon. Eugene G. Doherty
Civil Practice and Procedure,
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?
The Dis-Appearance
By Hon. Eugene G. Doherty
Civil Practice and Procedure,
October 2020
A look at what to do in situations involving an absent defendant.
Sole Proximate Cause(s)
By Hon. Eugene G. Doherty
Civil Practice and Procedure,
September 2019
There appears to be a split in authority about how to take the word "sole" in the phrase "sole proximate cause."
Stipulation versus guilty plea: Are both admissions?
By Hon. Eugene G. Doherty
Civil Practice and Procedure,
August 2017
It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
Affidavits and claims of privilege—The final word for now
By Hon. Eugene G. Doherty
Civil Practice and Procedure,
November 2013
The following is Judge Eugene G. Doherty’s further reply to Mr. Balzer’s response from our October issue, which, absent new case law, will be our last word on this subject for a few months.
Follow-up on the article
By Eugene G. Doherty & David J. Balzer
Bench and Bar,
November 2013
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Follow-up on September article
By Eugene G. Doherty & David J. Balzer
Civil Practice and Procedure,
October 2013
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
Iain Johnston: Our new Federal Magistrate Judge
By Eugene G. Doherty
Federal Civil Practice,
September 2013
Learn more about Magistrate Judge Iain D. Johnston, who has been selected to succeed P. Michael Mahoney in the Western Division of the U.S. District Court for the Northern Division of Illinois.
Letter to the Editor
By Hon. Eugene G. Doherty
Tort Law,
December 2012
A reader's response to “Authoritative texts: Expert witnesses are allowed to read to the jury the contents of inadmissible scientific and medical literature as the basis for an opinion” which was published in the November issue of this newsletter.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
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