Section Newsletters

Articles on Civil Practice and Procedure

Presumptions and powers of attorney By Patrick M. Kinnally Civil Practice and Procedure, July 2018 In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Champerty, contingent fees, and client advocacy By Patrick M. Kinnally Civil Practice and Procedure, May 2018 Prospect Funding Holdings, LLC, v. Keenan Saulter and Saulter Tarver, PC provides guidance for how to proceed if you are involved in addressing a client's need for a loan in connection with your representation.
1 comment (Most recent May 22, 2018)
Illinois Supreme Court green lights social host liability case for fraternity hazing By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, May 2018 While the doctrine against social host liability exists in Illinois, the Bogenberger v. Pi Kappa Alpha Corporation ruling demonstrates that in the presence of certain egregious facts, Illinois courts are willing to lift the protective doctrine against social host liability.
2 comments (Most recent May 25, 2018)
Civil law and procedure updates By Hon. Barbara Crowder Civil Practice and Procedure, January 2018 Highlights of recently enacted legsilation.
Limiting the general: How practitioners can (and should) use the ejusdem generis rule of construction in everyday practice By Matthew R. Davison Civil Practice and Procedure, December 2017 Across the legal spectrum, the rule of ejusdem generis remains an eloquent and aged technique for articulating rational limitations on ostensibly general phrasing.
Overview of Interlocutory Appeals By Angela J. Rollins Federal Civil Practice, September 2017 This article provides a brief overview of this complex area of law, describing the various ways an aggrieved party may seek review of an interlocutory order.
Stipulation versus guilty plea: Are both admissions? By Hon. Eugene G. Doherty Civil Practice and Procedure, August 2017 It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
2 comments (Most recent October 20, 2017)
Court orders and detective Sergeant Joe Friday By Michael J. Maslanka Young Lawyers Division, April 2017 When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
There is no bright line test for the admission of alcohol in a civil case By Daniel O’Brien Bench and Bar, March 2017 When we hear BAC is beyond a certain level the reaction is the alcohol should automatically be admitted to show impairment. This rush to admit this evidence is not the law.
1 comment (Most recent March 9, 2017)
The Illinois Supreme Court should promulgate an “offer of settlement or judgment” rule By Paul E. Freehling Civil Practice and Procedure, December 2004 My premise in this article is that, for most civil litigation, settlement is preferable to a trial. Obviously, if the claims are not justiciable, the complaint should be dismissed.
How to correctly respond to a movant’s local rule 56.1 statement of facts By Daniel J. Kurowski Federal Civil Practice, November 2004 You're sitting at your desk when a partner stops by your office and asks if you're busy.
Query: The Fiduciary Shield Doctrine. Have the exceptions swallowed the rule? By John B. Kinkaid Civil Practice and Procedure, November 2004 This sometimes obscure but very important rule implemented to protect employees of foreign corporations doing business in Illinois from the improper exercise of our court's jurisdiction has been with us since 1959.
1st District Appellate Court withdraws first opinion in Ozik v. Gramins By James P. Ginzkey Tort Law, June 2004 The opinion in Ozik  v. Gramins, was controversial, in large part, because of what the opinion didn't say, as opposed to what the opinion did say.Ozik
Case summaries By George S. Miller & Alfred M. Swanson, Jr. Bench and Bar, June 2004 In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.
Some deadlines really are final By Daniel T. Gillespie Civil Practice and Procedure, May 2004 As Justice Smith wrote in this unanimous In re Estate of Lucy J. Kunsch opinion, "Rule 216 is not a suggestion, but rather a rule that must be strictly obeyed and enforced." Some deadlines must be met. Some final dates really are final.
The U.S. Supreme Court reverses itself in Crawford v. Washington By Margaret O’Mara Frossard Bench and Bar, May 2004 A recent ruling by the U.S. Supreme Court could make it more difficult for prosecutors to use out-of-court statements against defendants at trial.
Allocation of fault to third parties-Does it include an employer? The legislature checks the supreme court By James T. Ferrini Civil Practice and Procedure, January 2004 In 1997 the Illinois Supreme Court held unconstitutional the vast majority of the tort reform legislation passed by the then Republican-led Illinois legislature.
Recent Seventh Circuit decisions of interest By Joseph G. Bisceglia & Nada Djordjevic Federal Civil Practice, September 2003 In 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 watchers By Susan M. Witt Racial and Ethnic Minorities and the Law, January 2003 There are two things that I remember about my Trial Advocacy class in law school.
Strategic use of vehicular damage evidence in personal injury litigation By Michael J. Marovich Civil Practice and Procedure, November 2002 Litigants 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 meeting By Hon. Michael S. Jordan Civil Practice and Procedure, October 2002 The 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.
The Illinois Supreme Court makes major revisions to trial witness disclosures under Rule 213 By Daniel P. Wurl Civil Practice and Procedure, August 2002 The Illinois Supreme Court recently announced significant amendments to Rule 213 relating to the disclosure of trial witness testimony. These amendments took effect on July 1, 2002.
Are opinion witness deposition fees and transcription costs taxable as costs after judgment By Michael J. Marovich Civil Practice and Procedure, April 2002 Between 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 update By Daniel P. Wurl Civil Practice and Procedure, November 2001 This article provides an update on recent decisions in opinion witness disclosure and testimony under Supreme Court Rule 213.
The importance of prompt settlement notice in the prosecution of underinsured motorist claims By Dennis H. Stefanowicz & Lori L. Meehan Civil Practice and Procedure, October 2001 It may look like a slam dunk. Suppose that a defendant runs a red light, hits your client's car, and causes your client to suffer substantial physical injuries.
Overlapping class actions and the proposed amendments to Rule 23 By James E. Pfander Civil Practice and Procedure, October 2001 During 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. Lane Civil Practice and Procedure, September 2001 Two 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).
Establishing a protectable interest: forward thinking for clients that use restrictive covenants By David M. Rownd Civil Practice and Procedure, September 2001 One of the worst nightmares for any business is to discover that a trusted employee has decided to leave and begin competing against it armed with its proprietary information and established relationships with its customers.
Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-Shields By Michael K. Goldberg Civil Practice and Procedure, September 2001 Recently, 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 2001 Several 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.

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