Section Newsletters

Articles From Hon. Allen S. Goldberg

Opening statement by mediator that includes suggestion that parties think of creative solutions can be very beneficial in resolving dispute By Hon. Allen S. Goldberg, (Ret.) Alternative Dispute Resolution, June 2016 The settlement in this case was very unique and gave everyone involved great satisfaction.
2 comments (Most recent June 8, 2016)
A promise to pay expenses is inadmissible to prove liability By Hon. Allen S. Goldberg & Rosezena Pierce Civil Practice and Procedure, November 2012 The holding in Lambert v. Coonrod means that even if the defendant makes a statement about his or her willingness to pay expenses arising out of an injury while liability is still being disputed, the plaintiff’s attorney cannot use this statement in court as an admission for the purpose of proving liability.
Bad-Faith Requirement for Fee Shifting in the Consumer Fraud Act: Krautsack v. Anderson By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, September 2007 The Supreme Court of Illinois in Krautsack v. Anderson recently held that fee awards to a prevailing defendant under section 10a(c) of the Act should be granted “only if the trial court makes a threshold finding that the plaintiff acted in bad faith.”
Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLC By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, April 2007 The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.

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