1999 Articles

Admissibility of evidence of preexisting injury: The battle continues after Brown v. Baker By Stephen C. Buser May 1999 A controversy continues to exist among several panels of the appellate court in Illinois regarding the admissibility of evidence of preexisting injuries in personal injury litigation.

The art of obstruction: Responding to discovery and pleadings, and the role of the ARDC By William J. Borah February 1999 In line with modern computer nomenclature, the term "virtual reality" could be considered an oxymoron.

Brogan v. Mitchell International, Inc. By Roger W. Eichmeier June 1999 The 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 immunity By Timothy W. Kelly June 1999 The 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.

Deposition practice: A primer and refresher course By Joseph G. Bisceglia November 1999 Mr. Bisceglia gratefully acknowledges the assistance of his associate, Sarah H. Koleno, in editing this article

The duty to disclose a client’s fraud Ethical issues in civil practice and procedure By Steven G. Pietrick November 1999 What is required of a lawyer who discovers that her client has made a false representation to a court that tends to defraud the court or others?

In re Marriage of Wheatley v. Wheatley By Roger M. Scrivner June 1999 There 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.

Malicious prosecution—How has Cult Awareness Network v. Church of Scientology International affected the plaintiff’s burden of bringing a claim under Illinois law? By Kimberly A. Frost & Michael J. Frost June 1999 Actions for malicious prosecution have historically been regarded as inhibiting free access to the courts.

Medical malpractice interrogatories May 1999 As a service to our readers, we herewith print the standard medical malpractice interrogatories promulgated by order of the Illinois Supreme Court on December 31, 1998

The Power of the truth: An honest attorney’s guide to winning jury trials in a dishonest world* By Stephen D. Easton February 1999 They do not like us. The term "they," of course, includes everybody but us. They also do not trust us.

Pretrial change of venue abrogated in Morgan v. Dickstein (5th District), 686 N.E.2d 56, cert. denied, 690 N.E.2d 1382 By Roger M. Scrivner February 1999 (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of the county are prejudiced against the party, or his or her attorney, or the adverse party has an undue influence over the minds of the inhabitants.

Professional conduct issues affecting civil practice By Steven G. Pietrick September 1999 Editors' Note: The Board of Governors of the ISBA has asked that all section councils and committees discuss ethical concerns relating to the work of those groups.

Summary of recent Illinois Supreme Court cases By Robert T. Park May 1999 LaFever v. Kemlite Co., 85 Ill.2d 380, 706 N.E.2d 441, 235 Ill.Dec. 886 (1998).

A Summary of Rule 213 opinion witness cases By Daniel P. Wurl October 1999 Editors' Note: In the last issue of Trial Briefs, we published a summary of recent decisions dealing with the operation of Rule 213, together with an appendix that provided a more detailed account of the decisions.

A Summary of Rule 213 opinion witness cases By Daniel P. Wurl September 1999 On June 1, 1995, the Illinois Supreme Court entered an order making major revisions to some of its discovery rules

What is inadvertence? By Steven R. McMannon May 1999 735 ILCS 5/2-616(d) bars suit against anyone not named in the suit before the statute of limitations expires, unless, inter alia, the failure to join the party as a defendant was "inadvertent."

Y2K legislation alters class action jurisdiction By James E. Pfander October 1999 On July 20, 1999, President Bill Clinton signed a version of the Y2K legislation that had been making its way through Congress.