Articles From D.J. Evans

ERISA and the Common Fund Doctrine: A precept By D.J. Evans Civil Practice and Procedure, October 2008   If you have dealt with a so-called ERISA lien before, you are trained to spot these liens from a mile away and already know the consequences. However, if this is your first heavyweight bout with the albatross which is referred to as the ERISA lien, you simply have no idea what you are about to encounter.
Another blow to tort reform By D.J. Evans Civil Practice and Procedure, August 2008 Much is happening to the status of medical malpractice cases in Illinois.
Licensed to testify? A change in focus for medical expert qualifications By D.J. Evans Civil Practice and Procedure, December 2006 A plaintiff’s expert physician offers what he believes would have been the proper course of treatment and its purported effectiveness had the defendant properly diagnosed the patient’s medical condition
Fairness and equity permeate the ab initio arena By D.J. Evans Civil Practice and Procedure, September 2006 The Illinois Supreme Court’s recent decision in Perlstein v. Wolk, 218 Ill. 2d 448, 844 N.E.2d 923 (2006), struck a powerful balance between considerations of fairness and equity with the often harsh results of the void ab initio doctrine.
Insurance companies beware: Documents normally privileged may be discoverable By D.J. Evans Civil Practice and Procedure, November 2005 The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Want to be like Mike? Not lately By D.J. Evans Civil Practice and Procedure, September 2005 It has been said that your past always comes back. For Michael Jordan, nothing could be more devastatingly true.
Casenotes by members of the Northern Illinois University Law Review By D.J. Evans Civil Practice and Procedure, February 2005 You may know the feeling; if you do, you don't like it. You may have given advice which at the time seemed reasonable, but later proves problematic.

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