Articles From James F. McCluskey

From the president: Diversity matters By James F. McCluskey Diversity Leadership Council, June 2019 Every member can contribute to the Illinois State Bar Association's diversity mission.
How bar associations can be relevant to new lawyers in today’s legal climate By James F. McCluskey Young Lawyers Division, October 2016 The author shares his suggestions for what bar associations should offer new lawyers.
The importance of set-offs for un/underinsured arbitrations By James K. Theisen & James F. McCluskey Tort Law, September 2010 Play it safe—always bring the set-off issue to the attention of the arbitrators during the arbitration.
When consultants’ opinions are discoverable By Lauryn E. Parks & James F. McCluskey Tort Law, October 2009 The purpose of Illinois Rule 201(b)(3), as well as other comparable rules, is focused on protecting the identity of the consultant in order to encourage the communication of expertise. 
Petitions for relief from judgments under 735 ILCS 5/2-1401 By Kimberly A. Davis & James F. McCluskey Civil Practice and Procedure, April 2007 Pursuant to the Illinois Code of Civil Procedure, a litigant is allowed the proverbial two bites at the apple to vacate a default order or other final order or judgment.
Seventh Circuit’s final answer: Would-be millionaire’s failure to read official contest rules did not invalidate agreement to arbitrate By James F. McCluskey & Lori N. Carrozza Civil Practice and Procedure, June 2006 The next time you peel back a Reading Railroad game piece from your large soft drink, be mindful that you may have just agreed to not pass “Go” and to “go straight to arbitration” with respect to any and all disputes arising from the popular promotional game.
“Aggravation of a preexisting condition” as a separate element of compensable damages By James F. McCluskey Civil Practice and Procedure, February 2005 The Illinois appellate courts have recently shown some disagreement on the question of whether "aggravation of a preexisting condition" is a separate compensable element of damages in a personal injury action.
E-Filing has come to DuPage County By James F. McCluskey Civil Practice and Procedure, November 2004 Effective November 15, 2004, by issuance of Order number M.R. 18368, the Illinois Supreme Court has approved the Eighteenth Judicial Circuit Court as a site for the initial implementation of an electronic filing pilot project.

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