Recent Seventh Circuit decisions of interestBy Joseph G. Bisceglia & Nada DjordjevicFederal Civil Practice, September 2003In In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 333 F.3d 763 (7th Cir. 2003), plaintiff tire owners attempted to circumvent the Seventh Circuit's earlier ruling, In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 288 F.3d 1012 (7th Cir. 2002), cert. denied, 537 U.S. 1105 (2003), which decertified a nationwide class, by filing suit in multiple state courts.
The court watchersBy Susan M. WittRacial and Ethnic Minorities and the Law, January 2003There are two things that I remember about my Trial Advocacy class in law school.
Strategic use of vehicular damage evidence in personal injury litigationBy Michael J. MarovichCivil Practice and Procedure, November 2002Litigants often seek to use evidence about the extent of vehicular damage to influence a jury's assessment of the severity of resulting personal injuries.
ISBA sets ADR program for midyear meetingBy Hon. Michael S. JordanCivil Practice and Procedure, October 2002The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002, from 2:00 p.m. to 5:00 p.m. at the Chicago Sheraton Hotel during the midyear meeting. Make plans now to attend and watch for further announcements.
Are opinion witness deposition fees and transcription costs taxable as costs after judgmentBy Michael J. MarovichCivil Practice and Procedure, April 2002Between 1999 and today, there has been an increase in Illinois Appellate Court decisions regarding whether a prevailing party in litigation may recover opinion witness fees and transcription costs as taxable costs after judgment is entered.
Rule 213 opinion witness case updateBy Daniel P. WurlCivil Practice and Procedure, November 2001This article provides an update on recent decisions in opinion witness disclosure and testimony under Supreme Court Rule 213.
Overlapping class actions and the proposed amendments to Rule 23By James E. PfanderCivil Practice and Procedure, October 2001During its June 2001 meeting, the Standing Committee on Civil Rules of the Judicial Conference of the United States--the Committee charged with the promulgation of proposed amendments to the Federal Rules of Civil Procedure--took up class action reform.
Do parties have an absolute right to directly question prospective jurors during voir dire?By Scott D. LaneCivil Practice and Procedure, September 2001Two cases have recently addressed the issue of whether parties have a right to directly question jurors during voir dire: People v. Allen, 313 Ill.App.3d 842, 730 N.E.2d 1216 (2nd Dist. 2000) and Grossman v. Gebarowski, 315 Ill.App.3d 213, 732 N.E.2d 1100 (1st Dist. 2000).
Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-ShieldsBy Michael K. GoldbergCivil Practice and Procedure, September 2001Recently, the Fifth District Appellate Court reversed an Order of the Circuit Court of Madison County granting partial summary judgment to defendants, a medical corporation and its assignee, in an action involving the enforceability of a contractual covenant not to compete against a board-certified family-practice physician.
Jury instructions: when is a “normal life” lost?Civil Practice and Procedure, June 2001Several years ago, I was involved in a trial where the plaintiff was suing my client, a local municipality, because she fractured her leg rather severely while snow sledding with her children.
The surprising viability of the self-critical analysis privilege in Illinois federal courtsBy David M. GreenwaldCivil Practice and Procedure, April 2001Engaged in discovery in a products liability action in federal district court, you find in your client's files a detailed "Safety Report" analyzing the cause of injuries suffered during use of the product at issue in your case.
Calling all government attorneysCivil Practice and Procedure, March 2001The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Liability waivers/releases: when are they enforceable?By Steven R. McMannon & Ana M. McNamaraCivil Practice and Procedure, March 2001This fall my eight-year-old daughter participated in gymnastics, ballet and soccer. She also took Tae Kwon Do and swimming lessons.
Recent supreme and appellate court opinions in briefCivil Practice and Procedure, March 2001The supreme court has overruled prior cases regarding the impact of a criminal conviction on a subsequent civil lawsuit resulting from the same incident.
Recovery for reduced or unpaid medical costsBy Robert T. ParkCivil Practice and Procedure, October 2000Courts in Illinois and elsewhere have long struggled to deal fairly with plaintiffs who benefit from free or low-cost medical services.
Physician’s duty to disclose financial arrangements with HMOBy John M. BurkeCivil Practice and Procedure, May 2000It is difficult to ignore the raging controversy concerning the liability of Health Maintenance Organizations (HMO) to patients for negligent care or lack of care.
Brogan v. Mitchell International, Inc.By Roger W. EichmeierCivil Practice and Procedure, June 1999The supreme court in the case of Brogan v. Mitchell International, Inc., 181 Ill.2d 178, 692 N.E.2d 276, held that no cause of action exists for emotional harm from negligent misrepresentation by an employer to an employee in the hiring process.
Demise of the special duty exception to local governmental tort immunityBy Timothy W. KellyCivil Practice and Procedure, June 1999The Illinois Supreme Court in Zimmerman v. Village of Skokie (1998), 193 Ill.2d 30, 697 N.E.2d 699, 231 Ill.Dec. 914, struck down the "special duty" exception to local governmental tort immunity finding the common law doctrine to be unconstitutional.
In re Marriage of Wheatley v. WheatleyBy Roger M. ScrivnerCivil Practice and Procedure, June 1999There is an old saying among trial judges. After the heat of battle cools and the smoke clears, the appellate court shoots the survivors. Such is the case with this decision.
Trial objections at a glanceGeneral Practice, Solo, and Small Firm, January 1999Asks Juror to Prejudice Evidence
