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Articles on Civil Practice

Discovery Sanctions and the Importance of Thorough Preparation of Written Discovery Responses By Deanna L. Litzenburg Civil Practice and Procedure, June 2020 While 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 Appeal By Mac R. Cepican & Andrea L. Collins Civil Practice and Procedure, June 2020 The 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.
Plaintiff Lacks Capacity to Sue: Is the Judgment Void?: Askew Insurance Group, LLC v. AZM Group, Inc., 2020 IL App (1st) 190179 By Robert Handley Civil Practice and Procedure, June 2020 A summary of Askew Insurance Group, LLC v. AZM Group, Inc., which involved a breach of lease complaint.
Special Interrogatories: Not So Special Anymore By John J. Holevas Civil Practice and Procedure, March 2020 The 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 Illinois By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, December 2019 The 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 Evidence By George Bellas Civil Practice and Procedure, November 2019 The increased use of blockchain technology will require lawyers to understand the concept in order to utilize it at trial.
‘I didn’t mean it!’: Changing deposition testimony with errata sheets By George Bellas & Svetlana Meltser Civil Practice and Procedure, June 2019 Errata sheets allow a witness to make changes to transcripts prior to submitting it as part of discovery, but to what extent can they be used to correct or corrupt testimony?
Lost text messages lead to sanctions By George Bellas Civil Practice and Procedure, March 2019 Schmalz v. Village of North Riverside, et al. highlights the importance of taking measures to preserve data from mobile devices, as well as the risks associated with failing to take such measures.
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.
Will the real Jesse Gurley please accept service By John J. Holevas Civil Practice and Procedure, February 2019 In Pickens v. Aahmes Temple #132 LLC, the appellate court upheld the trial court’s ruling that service of process was proper when the defendant listed the name of its registered agent but failed to include the agent’s correct suffix when another person by the same name with a different suffix was the individual actually served.
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas & Jillian Tattersall Agricultural Law, January 2019 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Court annexed mandatory arbitration pointers By Margie Komes Putzler & Steve Tefft Civil Practice and Procedure, December 2018 If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process. 
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas & Jillian Tattersall Trusts and Estates, December 2018 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Snow and ice: Natural and obvious? By Jason G. Schutte Civil Practice and Procedure, October 2018 The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC. 
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas & Jillian Tattersall Civil Practice and Procedure, October 2018 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Orders of protection cases often involve surprises By Gary L. Schlesinger & Rachael Bernal Civil Practice and Procedure, September 2018 If items not specified in a petition for an order of protection fall within section 214 of the Domestic Violence Act, respondents will be at a disadvantage in attempting to fashion a defense.
1 comment (Most recent October 3, 2018)
Self-authentication of electronic evidence By George Bellas Civil Practice and Procedure, September 2018 As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
Sexual misconduct and Illinois civil procedure laws By Jeffrey A. Parness Civil Practice and Procedure, February 2018 Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Trails, tribulations, and tort immunity: Then and now By Patrick M. Kinnally Civil Practice and Procedure, February 2018 We have two opinions from the Illinois Supreme Court (Corbett v. County of Lake and Cohen v. Chicago Park District) which provide today’s perception of the judiciary’s interpretation of the Local Government Tort Immunity Act.
Vicarious liability bars contribution between principal defendants By Jason G. Schutte Civil Practice and Procedure, February 2018 Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.
The question of possession, custody, or control in production By George S. Bellas & Michael Rizo Federal Civil Practice, April 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Failure to file proof of service proves fatal for Circuit Court appeal By Brent Eames Workers’ Compensation Law, March 2017 The case of Springfield Coal Company, LLC v. IWCC, et al. should send a clear message to practitioners that strict compliance with section 19(f)(1) is expected by reviewing courts.
The question of possession, custody, or control in production By George S. Bellas & Michael Rizo Civil Practice and Procedure, January 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Uncertainties when only principals are sued for the acts of agents By Jeffrey A. Parness & Alex Yorko Civil Practice and Procedure, January 2017 The court in Yarbrough said that generally a claimant need not join an agent when suing a principal. Yet lawyers in civil cases alleging vicarious liability of a principal must proceed with caution regarding nonjoinder of the agent as sometimes there will operate a res judicata defense.
Yarbrough v. Northwestern Memorial Hospital: Expansion of apparent agency principles or a new application of existing law? By Sara M. Davis Civil Practice and Procedure, January 2017 Can a hospital be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Seymour Mun. Hosp. and its progeny for the acts of the employees of an unrelated, independent clinic that is not a party to the present litigation?
The upcoming 2017 Allerton Conference: The changing landscape of civil practice: Technology, ethics & economics By Jessica A. Hegarty Civil Practice and Procedure, December 2016 The biennial Allerton Conference will be held April 19-21, 2017 at Starved Rock Lodge in Utica, Illinois.
Fee petitions: Kaiser and beyond By James J. Ayres Civil Practice and Procedure, November 2016 Counsel seeking an award of reasonable attorney fees by a circuit court would be well advised to not only ensure that the content of the billable time entries comply with Kaiser but also that the evidence sought to be introduced in support of the fees claimed complies with Aliano.
2-622 certificate of merit not necessary in simple medical battery claim By Jason G. Schutte Civil Practice and Procedure, February 2016 Attorneys, claims adjusters and risk management professionals should pay close attention to the facts of Fiala v. Bickford Senior Living Group, LLC and the allegations within the plaintiff’s complaint.
Step-by-step civil juries in a nutshell By Hon. Jim Ryan & Hon. Joseph D. Panarese Young Lawyers Division, February 2016 An overview of the civil jury process.
Step-by-step civil juries in a nutshell By Hon. Jim Ryan & Hon. Joseph D. Panarese Civil Practice and Procedure, February 2016 An overview of the civil jury process.
1 comment (Most recent February 10, 2016)

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