Recent developments in litigation on “pay-for-delay” settlementsBy Kate O’SúilleabháinAugust 2012On July 16, a unanimous panel for the U.S. Court of Appeals for the Third Circuit ruled that any payment by a pharmaceutical company owning a patent to a generics drug manufacturer who agrees to delay entry into the market is prima facie evidence of an antitrust violation.
Recent Supreme Court Rule changesBy Hon. Lloyd A. KarmeierCivil Practice and Procedure, May 2012An overview of the significant administrative and rule changes made by The Illinois Supreme Court in the past year.
Recent Supreme Court Rule changesBy Hon. Lloyd A. KarmeierBench and Bar, April 2012An overview of the significant administrative and rule changes made by The Illinois Supreme Court in the past year.
Recovery of consequential damages for insurer’s breach of contractBy James T. NyesteInsurance Law, September 2012There already is a solid basis in Illinois law for the insured’s recovery of consequential damages in addition to the policy coverage when the insurance company breaches its contract, so long as the consequential damages were reasonably foreseeable, were within the contemplation of the parties at the time the policy was issued, or arose out of special circumstances known to the parties.
Reducing treating physicians’ depositions feesBy Gina RossiYoung Lawyers Division, February 2012An overview of the case of Montes v. Mai, and a discussion of one route practitioners can take to challenge physicians' fees.
Reflections of incoming President John E. ThiesBy John E. ThiesDiversity Leadership Council, June 2012A message from John E. Thies, who will serve as ISBA President during the 2012-13 term.
Reflections of President John E. ThiesBy John E. ThiesYoung Lawyers Division, August 2012A message from ISBA President John E. Thies to the members of the YLD.
Relief from a mandatory revocation for causing death by violation of the vehicle codeBy J. Randall CoxTraffic Laws and Courts, September 2012A relatively new section of the Vehicle Code provides for the mandatory revocation of driving privileges if someone violates a provision of the Vehicle Code, and that violation proximately causes the death of another.
Remediation plan invalidated by Fourth DistrictBy Roland CrossEducation Law, June 2012After receiving an unsatisfactory evaluation, a tenured teacher was required to participate in a Section 24-A remediation plan.
Reply briefs: Who speaks last to the court?By Ambrose V. McCallFederal Civil Practice, September 2012The Smith v. Bray opinion aids efforts to provide reply arguments, within the context of summary judgment, because the Seventh Circuit clarified that parties who were prevented from responding to new evidentiary issues at the trial court level will receive that opportunity on appeal.
A report from MacWorld 2012By David B. YavitzLegal Technology, Standing Committee on, March 2012The author describes his experience after attending the first MacWorld Expo since Steve Jobs' death.
Resource officers’ implementation in Macomb schoolsBy Madalyn PhillipsAlternative Dispute Resolution, April 2012The Macomb City Council recently approved an agreement which allows a resource officer to be assigned at Project Insight, an alternative school which serves junior and senior high students who have behavioral issues.
A review of attorney fees in probate courtBy Donald L. ShriverTrusts and Estates, January 2012A look at the ethics of the legal and practical effects of In re Estate of Bitoy.
Review of People v. HallBy Donald J. RamsellTraffic Laws and Courts, March 2012In this case, because the defendant was a judge, the Illinois Attorney Generals’ office was brought in to handle the matter. Two weeks later, after the assistant attorney general learned that the blood samples were still at the hospital, they were ordered to be released to authorities for testing at the Illinois State Police laboratory. The samples did not contain a preservative.
Risk(eDiscover)y Business: Managing risk in ESI discoveryBy TJ ThurstonLegal Technology, Standing Committee on, February 2012A look at some recent cases of sanctions and malpractice where the lawyers and/or their clients mismanaged or didn't handle EIS discovery in accordance with the rules.