Court erred in admitting text messagesBy Michael R. LiedCivil Practice and Procedure, June 2015Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Statutory silence on burden of proofBy Jeffrey A. ParnessCivil Practice and Procedure, June 2015It seems reasonable to infer that the General Assembly desires the same clear and convincing evidence norm in removal petition cases as it has expressly articulated for custody order modification cases. Individual statutes should be interpreted, at times, by references to other statutes.
Two cases illustrate res judicata’s broad reachBy Robert T. Park & Christopher M. SorensonCivil Practice and Procedure, August 2014A look at Semb’s, Inc. v. Gaming & Entertainment Management-Illinois, LLC and Wanandi v. Black.
Illinois court finds default judgment proper only after notice and repeated failure to complyBy Hon. Russell W. Hartigan & Griffen ThorneCivil Practice and Procedure, May 2014On February 11, 2014, the Illinois Appellate Court decided Locasto v. City of Chicago, reversing a trial court’s grant of default judgment against the defendant, which consistently failed to meet discovery deadlines.
The Supreme Court provides an opportunity for a cautionary reminderBy Patricia A. ZimmerTort Law, April 2014In Country Preferred Insurance Company v. Whitehead, the Illinois Supreme Court held that a contractual time limitation for bringing an uninsured benefits demand for arbitration was not contrary to public policy.
Limits on common law privileges and self-critical analysesBy Jeffrey A. ParnessCivil Practice and Procedure, February 2014The recent case of Harris v. One Hope United, Inc. did not elaborate on any differences between General Assembly deference in privilege extension or establishment.
Closing argument: Some topics to considerBy John M. StalmackCivil Practice and Procedure, January 2014A useful article to guide you when crafting your closing arguments.
New guidelines on privileged marital communicationsBy Jeffrey A. ParnessCivil Practice and Procedure, December 2013In the recent case of People v. Trzeciak, Justice Theis was "troubled" by the majority's definition of confidentiality, which she found to constitute “a new exception” not found in statute. What was the new exception and will it apply in civil as well as criminal cases?
Personal representatives and special administrators in tort claims: There is a differenceBy Patrick M. KinnallyCivil Practice and Procedure, December 2013Should civil procedure rules should bar prima facie claims where a party dies in the tempest of a garden-variety personal injury claim? Or, frankly, what is the difference between a “special administrator” and a “personal representative”?
Traveling employee theory does not extend to employer tort liabilityBy Jason G. SchutteCivil Practice and Procedure, December 2013The traveling employee concept from workers compensation cases cannot be utilized to hold an employer liable for its employee’s tortious conduct through respondeat superior.
All that snow: Barber v. G.J. Partners, Inc.By Hon. Daniel T. Gillespie & Rachel FugettCivil Practice and Procedure, September 2013Premise liability for a fall with injuries after snow was shoveled was at the heart of the case of Barber v. G.J. Partners, Inc.
Costs: an imbroglio for trial courts and practitionersBy Patrick M. KinnallyCivil Practice and Procedure, May 2013What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
Railroads gain more ground: Illinois appellate court reverses $700,143.70 jury verdict after Choate decisionBy Hon. Russell W. Hartigan & Christina FaklisCivil Practice and Procedure, May 2013Immediately after the Illinois Supreme Court decided Choate v. Indiana Harbor Railroad Co., it used its supervisory authority and ordered the First District Appellate Court to vacate its prior ruling in McDonald v. Northeast Illinois Regional Commuter Railroad Corp.
What are “allowable costs” in trial practice—2013By Patrick M. KinnallyCivil Practice and Procedure, May 2013In his article published over a decade ago (and reprinted in this issue), the author argued that our trial judges and trial lawyers needed a rule that actually reflected what costs were allowable in trials and summary judgment motions litigation in state court. The currency of that argument abides today.
Minimal property damage as evidence of non-injuryBy John B. KincaidCivil Practice and Procedure, December 2008Despite the youth of the century, the Twenty-First has already spawned six cases from four Appellate Court districts dealing with defense efforts to establish lack of plaintiff’s injury by showing minimal vehicle contact.
The mailbox rule does not apply to refiling of a voluntarily dismissed complaintBy Kimberly L. DahlenCivil Practice and Procedure, December 2007In Wilson v. Brant, 374 Ill.App.3d 306, 869 N.E.2d 818 (1st Dist. 2007), a unanimous First District Appellate Court determined that the mailbox rule does not apply to the commencement of any action, specifically in this case, where a plaintiff refiled a complaint after taking a voluntary dismissal.
Pay[ment] attention: a lesson in avoiding unintended accord and satisfactionBy J. Matthew PfeifferCivil Practice and Procedure, May 2007A fairly recent decision from the First District of the Appellate Court of Illinois will likely have corporate office managers, accounts receivable employees, and the like, double-checking each payment and correspondence received from their customers to make sure the fate that met the plaintiff in MKL Pre-Press Electronics/MKL Computer Media Supplies, Inc. v. La Crosse Litho Supply, LLC, 361 Ill.App.3d 872, 840 N.E.2d 687 (1st Dist. 2005), does not befall them.
Petitions for relief from judgments under 735 ILCS 5/2-1401By Kimberly A. Davis & James F. McCluskeyCivil Practice and Procedure, April 2007Pursuant 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.
The saga of admissibility of vehicular post-collision photographs continuesBy Stephen C. BuserCivil Practice and Procedure, March 2007The First District Appellate Court decided nearly four years ago in Dicosola v. Bowman, 342 Ill.App. 3d 530, 794 N.E. 2d 875, 276 Ill.Dec.625 (1st Dist. 2003) that vehicular post-collision photographs were not admissible in automobile accident litigation absent expert testimony.
Illinois law governs products case with complicated conflict of law analysisBy Kathryn R. HoyingCivil Practice and Procedure, February 2007The recent case of Townsend v. Sears Roebuck and Co., involves a conflict of laws analysis regarding strict liability, punitive damages and limits (“caps”) on noneconomic damages between Illinois and Michigan.
Substitution of judge as of rightBy Timothy W. KellyTort Law, March 2006In Aussieker v. The City of Bloomington, the Fourth District Appellate Court addressed the issue of whether each individually named plaintiff in a multiple party lawsuit is entitled to one motion for substitution of judge as of right pursuant to section 2-1001(a)(2) of the Code of Civil Procedure, as opposed to one substitution for the group of plaintiffs as a whole.
How to handle an employer’s group health plan lienBy Robert T. ParkCivil Practice and Procedure, January 2006As a result of an accident, the plaintiff was injured. He brings a suit in circuit court for negligence. His damages include medical bills that were paid for by his employer’s group health insurance plan. After pursuing discovery, including depositions, the case settles. The health plan asserts a lien for the amount it paid. How should the lawyer handle the employer’s group health plan lien?
Rescission/Restitution: Be careful what you ask for, you may get itBy John B. KincaidCivil Practice and Procedure, November 2005The subject of this article involves the doctrine of contract rescission and the court’s application of restitution following the order of rescission.
How many plaintiffs make a party?By Daniel B. ShanesBench and Bar, September 2005In most lawsuits, the plaintiff and defendant are each entitled to one motion for substitution of judge as a matter of right. But how does that apply in a multiple-plaintiff civil case?
Casenotes by members of the Northern Illinois University Law ReviewBy David NeumanCivil Practice and Procedure, June 2005The Illinois Supreme Court recently decided an insurance coverage case that will affect the way insurance companies write policies and handle their responsibilities to insureds.
