Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2018 Articles

Antonicelli v. Rodriguez: Revisiting the impact of “good faith” settlements under the Joint Tortfeasor Contribution Act By Richard Lee Turner, Jr. March 2018 In Antonicelli v. Rodriguez, the Illinois Supreme Court leaves for the Legislature to determine whether or not a non-settling defendant should be included on a verdict form for what Justice Garman calls, in her concurring opinion, a “truthful apportionment of relative fault.”
1 comment (Most recent March 30, 2018)
Champerty, contingent fees, and client advocacy By Patrick M. Kinnally 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)
Civil law and procedure updates By Hon. Barbara Crowder January 2018 Highlights of recently enacted legsilation.
Contextual parentage By Jeffrey A. Parness December 2018 A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Court annexed mandatory arbitration pointers By Margie Komes Putzler & Steve Tefft December 2018 If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process. 
Dismissed but not finished: Amended complaint may name dismissed defendants as respondents in discovery By Sarah M. Davis May 2018 A recent appellate court decision considered whether a defendant dismissed without prejudice could be named as a respondent in discovery in the amended complaint.
General contractor not liable for injury to subcontractor’s employee By Andrea L. Kmak & Kimberly A. Davis March 2018 In LePretre v. Lend Lease (US) Construction, Inc., the court examined when a general contractor may owe a duty to employees of subcontractors, and the facts that can give rise to such a duty.
Guardian ad litem negligence By Gary L. Schlesinger & Rachael Bernal September 2018 In the recent case Nichols v. Fahrenkamp, the fifth appellate district decided a case involving negligence of a guardian ad litem in probate court.
How to navigate conflicts between demands for confidentiality of discovery and settlement and indemnification—your duty to your client and the law By Larry E. Coben July 2018 While attorneys are often very cognizant of legal responsibilities and the substantive arguments for and against confidentiality in discovery and settlement agreements, the ethical ramifications are lesser known.
The Illinois “Long arm” jurisdiction statute just got a bit shorter By Patrick M. Kinnally January 2018 Litigating on one’s home court is always an advantage. But you have to do your homework to get that opportunity.
Illinois Supreme Court green lights social host liability case for fraternity hazing By Andrea L. Kmak & Kimberly A. Davis 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)
Interest on judgments and awards: Can your client collect? By Patrick M. Kinnally January 2018 When does a judgment other than for child support begin to draw interest? At what rate? If you obtain an award or report, is the rule different?
Orders of protection cases often involve surprises By Gary L. Schlesinger & Rachael Bernal September 2018 If items not specified in a petition for an order of protection fall within section 214 of the Domestic Violence Act, respondents will be at a disadvantage in attempting to fashion a defense.
1 comment (Most recent October 3, 2018)
Presumptions and powers of attorney By Patrick M. Kinnally 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.
Self-authentication of digital records: New Illinois Rule of Evidence 902(13) By George Bellas December 2018 Effective December 1, 2017, Rule 902 of the Federal Rules of Evidence was amended to add two provisions that authorize self-authentication of electronic evidence by certification.
Self-authentication of electronic evidence By George Bellas September 2018 As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
Sexual misconduct and Illinois civil procedure laws By Jeffrey A. Parness February 2018 Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Snow and ice: Natural and obvious? By Jason G. Schutte October 2018 The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC. 
Top 10 points on Illinois Supreme Court Rule 191 By Hon. Diane Joan Larsen August 2018 Ten things to know about Illinois Supreme Court Rule 191.
1 comment (Most recent August 15, 2018)
Trails, tribulations, and tort immunity: Then and now By Patrick M. Kinnally February 2018 We have two opinions from the Illinois Supreme Court (Corbett v. County of Lake and Cohen v. Chicago Park District) which provide today’s perception of the judiciary’s interpretation of the Local Government Tort Immunity Act.
Vicarious liability bars contribution between principal defendants By Jason G. Schutte February 2018 Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas & Jillian Tattersall October 2018 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.