Doe v. Catholic Bishop: How to Scrutinize Attorney-Client PrivilegeBy Mohammad Ahmed & Bobby MontesanoCivil Practice and Procedure, October 2024Attorney-client privilege is an anchor of the legal profession, fostering open communication between attorneys and their clients. This privilege encourages clients “to engage in full and frank discussions with their attorneys without fear of compelled disclosure of information.” As such, the attorney-client privilege is an essential component of effective legal representation.
Everything Old Is New Again: Litigating 2-1401 PetitionsBy Hon. Eugene G. DohertyCivil Practice and Procedure, October 2024If, 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?
Two Wrongs Do Not Make a Right: Illinois Adopts the ‘Partial Breach’ DoctrineBy Ronald D. Menna, Jr.Civil Practice and Procedure, June 2024Illinois follows the “first-to-breach" rule, which holds a material breach of a contract provision by one party may be grounds for releasing the other party from its contractual obligations.
The State of Snap Removal in Illinois District CourtsBy Blake KolesaCivil Practice and Procedure, August 2023Snap removal is a tactic by which the plain language of the removal statute has been construed by many courts to permit a federal forum when the parties to an action would ordinarily not be permitted to remove the action to federal court.
Procedural Pitfalls Prevent Plaintiff’s Recovery Under Personnel Record Review ActBy J. Matthew PfeifferCivil Practice and Procedure, May 2023The appellate court recently addressed particular nuances of Illinois’ Personnel Record Review Act, ultimately deciding that a defendant was entitled to a judgment on the pleadings due to the plaintiff’s failure to strictly follow the law’s procedural requirements.
Looking For Deeper Pockets? What About Negligent Entrustment?By Mark RouleauCivil Practice and Procedure, February 2023Negligent entrustment is one type of legal doctrine that may apply and serve to expand the circle of potentially negligent defendants, thereby expanding the potential for a greater recovery.
What Is the Duty to Protect a Known Trespasser From an Open and Obvious Danger?By Robert HandleyCivil Practice and Procedure, January 2023A summary of Quiroz v. Chicago Transit Authority, in which the court considered whether the Chicago Transit Authority owed a duty of care to the plaintiff's decedent, who was struck by train.
Battle Lines on the Verdict Form: How Many Lines Should Go to the Jury?By Kingshuk RoyCivil Practice and Procedure, November 2022There is often a dispute at trial over how many lines should be included on the verdict form. Some advocate for separate lines for each distinct damage claim while others seek to combine damage categories into a single line. This article reviews how appellate courts have handled this dispute.
Nixing SOJ as of Right Results in Appellate ReversalBy J. Matthew PfeifferCivil Practice and Procedure, July 2022In Gohari v. McDonald’s Corp., the appellate court held that because a trial court judge had not ruled on any substantial issues and had not begun a hearing on the merits before a party made a motion for substitution of judge as of right, section 2-1001 of the Illinois Code of Civil Procedure required such motion to have been granted.
Do Not Try This YourselfBy Nigel S. SmithCivil Practice and Procedure, September 2021A look at why laypeople should hire attorneys to handle their more complex legal issues.
Judicial Admissions in Motion PracticeBy Nicholas J. KamenjarinCivil Practice and Procedure, September 2021A summary and analysis of Abruzzo v. City of Park Ridge.
A Litigant’s Absolute Right to a Substitution of Judge: ‘Test the Waters’ Doctrine AbolishedBy Judge Brian McKillip, (ret.)Civil Practice and Procedure, July 2021In Palos Community Hospital v. Humana Insurance Company, the Illinois Supreme Court dealt a fatal blow to a doctrine that had clouded the issue of a litigant’s absolute right to a substitution of judge in a civil action.
The Mechanics Lien ActBy Hon. John C. Griffin, (ret.)Civil Practice and Procedure, July 2021In CB Construction & Design LLC v. Atlas Brookview, LLC, the appellate court affirmed the trial court's dismissal of a mechanics lien count for failure to name a necessary party within 30 days of a section 34 demand to commence suit.
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices”By Ronald D. Menna, Jr.Civil Practice and Procedure, December 2020In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Contingent Fees: Success Fee—What Are They?By Patrick M. KinnallyCivil Practice and Procedure, August 2020A summary and analysis of Grund & Leavitt v. Stephenson, in which a law firm filed a complaint against a former client to recover under a written agreement whereby plaintiff would provide legal representation and services for defendant and defendant would pay plaintiff hourly attorney fees and costs as incurred and, additionally, a “final bill.”
Restrictive Covenant Rules in the Real WorldBy Joe SouligneCivil Practice and Procedure, August 2020Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
Discovery Sanctions and the Importance of Thorough Preparation of Written Discovery ResponsesBy Deanna L. LitzenburgCivil Practice and Procedure, June 2020While the process of answering written discovery requests can often be tedious, it is necessary for practitioners to take an active role in preparing responses and facilitating full and complete disclosures from their clients in accordance with the Illinois rules.
No Notice, No Appeal: The Importance of Preserving Issues for AppealBy Mac R. Cepican & Andrea L. CollinsCivil Practice and Procedure, June 2020The Supreme Court of Illinois recently held in Crim v. Dietrich that the appellate court’s reversal of a judgment and remanding a case for new trial does not require a trial de novo on all claims.
Special Interrogatories: Not So Special AnymoreBy John J. HolevasCivil Practice and Procedure, March 2020The Illinois General Assembly recently approved extensive revisions to 735 ILCS 5/2-1108 dealing with special interrogatories. These changes will apply to trials commencing on or after January 1, 2020, and may cause litigators to rethink the effectiveness of special interrogatories.
Concert Security Detail Owes No Duty to Intoxicated Patrons and Drivers in IllinoisBy Andrea L. Kmak & Kimberly A. DavisCivil Practice and Procedure, December 2019The appellate court issued a ruling in a September 2019 wrongful death and survival suit, finding that a concert venue and operator were not liable for the decedent’s death in a premises liability case.
Blockchain as EvidenceBy George BellasCivil Practice and Procedure, November 2019The increased use of blockchain technology will require lawyers to understand the concept in order to utilize it at trial.
