Requests to Admit Facts – or Opinions?By Hon. William E. GomolinskiApril 2015Article, Page 40Some appellate rulings on Rule 216 requests to admit facts require defendants to answer questions about whether medical bills are reasonable. That exceeds the rule's scope, the author argues.
Is the switch to six-person juries constitutional?By Matthew HectorMarch 2015LawPulse, Page 14The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.
The incredible, unciteable Rule 23 orderBy Matthew HectorOctober 2014LawPulse, Page 466Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?
New Rules for Discovery of Electronically Stored InformationBy Gabriel Reilly-Bates, Richard Y. Hu, and Claire E. BrennanOctober 2014Article, Page 480New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.
Using a Police Report to Help Prove Your Civil CaseBy James P. LoobyAugust 2014Article, Page 390Under the right circumstances, you can help prove or defend your civil case by using the investigating police officer's report as a past recollection recorded.
Pretrial Motions - Are You Getting Them Right?By Jennifer SandersJune 2014Article, Page 280Recent appellate opinions and orders show that too many attorneys improperly label and file motions to dismiss and for summary judgment at the trial level. Here's how to get it right.
Offers of Judgment: Federal Rule 68 in Illinois?By Jessica Livieres, Andrew Cho, and Hon. E. Kenneth Wright, Jr.May 2014Article, Page 242This article explores the background and purpose of Federal Rule 68 and how to address its many shortcomings should Illinois adopt a similar offer-of-judgment provision.
A Practical Guide to Injunction Bonds Under Illinois LawBy Justin A. Maleson and R. Douglas ReesMarch 2014Article, Page 138A party facing an injunction gains leverage by persuading the court to impose a high bond. The plaintiff, on the other hand, wants a low bond or none at all. Here's how to argue both sides.
The Res Judicata Defense to Legal Malpractice ClaimsBy Zachary J. FreemanFebruary 2014Article, Page 80Res judicata and collateral estoppel can be powerful defenses in litigation malpractice cases, even when the lawyer was not a party to the underlying action. But they aren't without limitations.
Limited Scope, Expanded OpportunityBy Ed FinkelOctober 2013Article, Page 508Recent Illinois Supreme Court rule changes enable lawyers to represent clients in litigation for only a portion of a case. Proponents say that's good for lawyers, clients, and judges.