Trial Briefs

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

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2020 Articles

Back to Basics: Accuracy of Proposed Demonstration and Proper Foundation for Permanency Opinions by Plaintiff’s Expert are Prerequisites to Admissibility By Michael A. Beci & Andrea L. Collins June 2020 In Ackerman v. Yapp, et al., the first district touches on important evidentiary principles pertaining to expert opinion testimony and demonstrative evidence at trial, as well as standards the party offering the evidence must meet for admission of such evidence.
Bias: Instructing Jurors—Illinois Pattern Jury Instructions (Civil) 1.08 By Patrick M. Kinnally November 2020 If the law is going to come from the people, then jurors need to understand they are fact finders as well as the guardians of probity.
Biometrics and Business Re-Opening in Light of COVID-19 By Lauren Caisman & Patrick DePoy December 2020 While Illinois courts implement various temperature screening methods in re-opening for in-person hearings and other court services, any “private entity,” which includes individuals, must take particular heed of the Illinois Biometric Policy Act in looking to do the same.
Biometrics and Business Re-Opening in Light of COVID-19 By Lauren Caisman & Patrick DePoy October 2020 While Illinois courts implement various temperature screening methods in re-opening for in-person hearings and other court services, any private entity—which includes individuals—must take particular heed of the Illinois Biometric Information Privacy Act in looking to do the same.
Chicken Dinner Warrants Recusal? Not So Fast! By David W. Inlander & Ronald D. Menna, Jr. March 2020 An analysis of judicial recusal.
Contingent Fees: Success Fee—What Are They? By Patrick M. Kinnally August 2020 A summary and analysis of Grund & Leavitt v. Stephenson, in which a law firm filed a complaint against a former client to recover under a written agreement whereby plaintiff would provide legal representation and services for defendant and defendant would pay plaintiff hourly attorney fees and costs as incurred and, additionally, a “final bill.”
The Dis-Appearance By Hon. Eugene G. Doherty October 2020 A look at what to do in situations involving an absent defendant.
Discovery Sanctions and the Importance of Thorough Preparation of Written Discovery Responses By Deanna L. Litzenburg June 2020 While the process of answering written discovery requests can often be tedious, it is necessary for practitioners to take an active role in preparing responses and facilitating full and complete disclosures from their clients in accordance with the Illinois rules.
Don’t Believe Everything You Hear: A Lesson in Due Diligence and Unjustified Reliance on Representations By J. Matthew Pfeiffer October 2020 A recent appellate court decision will likely change how due diligence is conducted in the business world in order to avoid the fate that met the plaintiff in Metropolitan Capital Bank & Trust v. Feiner.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte November 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
A Flaming Flannel Shirt Gets Extinguished by Illinois Premises Liability Precedent By Andrew B. Carroll & Andrea L. Collins June 2020 In Smith v. The Purple Frog, Inc. d/b/a Pottsie’s Place, the apellate court upheld longstanding premises liability precedent concerning open and obvious conditions and an owner’s duty to warn.
The Illinois Bar Foundation Needs Your Help By Rory T. Weiler November 2020 The Illinois Bar Foundation, which assists fellow lawyers who have fallen upon hard times, has acted quickly to address the economic crisis that has resulted from COVID-19.
A New Rule of Evidence: The Effect of Immigration Status in Illinois Civil Proceedings By Patrick M. Kinnally July 2020 The Illinois General Assembly, following other states, has enacted a new rule of evidence that applies to civil proceedings.
No Notice, No Appeal: The Importance of Preserving Issues for Appeal By Mac R. Cepican & Andrea L. Collins June 2020 The Supreme Court of Illinois recently held in Crim v. Dietrich that the appellate court’s reversal of a judgment and remanding a case for new trial does not require a trial de novo on all claims.
Plaintiff Lacks Capacity to Sue: Is the Judgment Void?: Askew Insurance Group, LLC v. AZM Group, Inc., 2020 IL App (1st) 190179 By Robert Handley June 2020 A summary of Askew Insurance Group, LLC v. AZM Group, Inc., which involved a breach of lease complaint.
A Primer: Expert Opinions—IRE 702-705 By Patrick M. Kinnally May 2020 The Illinois Supreme Court has repeatedly warned about the overuse of opinion witnesses.
Regarding Litigants and Facebook By Gary L. Schlesinger July 2020 A look at the issues that arise when judges have litigants or lawyers who appear before them as friends on Facebook.
1 comment (Most recent July 21, 2020)
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices” By Ronald D. Menna, Jr. December 2020 In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Restrictive Covenant Rules in the Real World By Joe Souligne August 2020 Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
So You Want to Use Social Media Posts as Evidence? By Misty Cygan May 2020 While social media posts are not so different from the more traditional paper evidence, there are unique challenges to getting them into evidence.
Special Interrogatories: Not So Special Anymore By John J. Holevas March 2020 The Illinois General Assembly recently approved extensive revisions to 735 ILCS 5/2-1108 dealing with special interrogatories. These changes will apply to trials commencing on or after January 1, 2020, and may cause litigators to rethink the effectiveness of special interrogatories.
Supporting the Illinois Bar Foundation’s Lincoln Legacy Society By Hon. Edward J. Schoenbaum, (ret.) November 2020 The Lincoln Legacy Society is the Planned Giving Program of the Illinois Bar Foundation, supporting the Foundation’s mission to administer access to justice programs throughout Illinois and offer financial aid to attorneys and their families during times of crisis.
Text Messages and E-mails Sent From a Public Officials’ Personal Account Qualify as Public Records Under FOIA By Misty Cygan & George Bellas September 2020 The appellate court recently affirmed the lower court's order, which found that Chicago's Office of the Mayor and tDepartment of Public Health had failed to perform a reasonable search as required by FOIA because they failed to make inquiries into the personal text messages and e-mails of public officials.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne March 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.
A Virtual Pro Bono Opportunity to Help Those in Need By Michael G. Bergmann September 2020 Illinois Free Legal Answers is a virtual legal clinic where low-income Illinoisans can submit a question online to ask a pro bono lawyer for help with a civil legal issue.