Does your claim allege educational malpractice?
By Hon. James Fitzgerald Smith & Julia Illman Maness
Civil Practice and Procedure,
August 2012
Does an injured person have a cognizable claim for negligence against a former teacher for an injury occurring after instruction that the injured person claims can be traced to poor teaching?
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first
By Hon. James Fitzgerald Smith & Sonja Dimitrijevic
Civil Practice and Procedure,
October 2011
In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
SLAPPed with attorney fees: Awards pursuant to the Illinois Anti-SLAPP Act
By Hon. James Fitzgerald Smith & Julia Illman Maness
Civil Practice and Procedure,
November 2010
Until the scope of the Anti-SLAPP Act is narrowed through legislation or judicial interpretation, this article's authors advise any attorney who is on notice that his or her actions may fall under the SLAPP matrix to proceed with caution.
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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