Illinois Bar Journal

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Articles on Civil Practice

Court reaffirms that inherent authority is no longer grounds for voidness July 2015 Illinois Law Update, Page 18 On May 1, 2015, the First District Appellate Court affirmed a dismissal of a section 2-1401 petition for untimeliness.
Relation back applies to amended complaint that substitutes proper special administrator for improperly appointed one July 2015 Illinois Law Update, Page 18 On April 28, 2015, the Second District Appellate Court held that the relation back doctrine applies when a wrongful death complaint is timely filed by an improperly appointed special administrator, and an amended complaint substitutes the proper administrator as plaintiff after the limitation period has run.
Once Cheated, Twice Shy: Using Prejudgment Attachment to Help Your Defrauded Client Recover By Patrick M. Kinnally June 2015 Article, Page 36 If your client is a victim of fraud and the tortfeasor has assets in Illinois, prejudgment attachment can be a way to stop the defendant from dissipating assets before you win your case.
‘Investing’ in Litigation By Hon. Ron Spears May 2015 Column, Page 46 The rapid growth of litigation funding raises a host of issues.
Parties may no longer demand a jury of 12 May 2015 Illinois Law Update, Page 16 The Code of Civil Procedure has been amended to restrict the number of jurors a party can demand in a civil jury trial.
Oral rulings are not final judgments for purposes of time limit for appeals April 2015 Illinois Law Update, Page 16 On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.
Requests to Admit Facts – or Opinions? By Hon. William E. Gomolinski April 2015 Article, Page 40 Some 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 Hector March 2015 LawPulse, Page 14 The 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.
Notice may be provided electronically and by traditional mail January 2015 Illinois Law Update, Page 16 As a result of amendments to the Self-Service Storage Facility Act, any notice made is presumed to have been delivered if it was either:
Why You Probably Can’t Subpoena Email from Google in Your Civil Case January 2015 Column, Page 43 But you might be able to get it directly from the party.
Applying the Illinois Construction Statute of Repose to Asbestos Litigation By Cameron Turner and Jaime Bennett December 2014 Article, Page 592 The Illinois construction statute of repose can be an effective defense in asbestos cases. This article shows how to use or challenge it.
Jury demand in original complaint transfers to third-party claims assigned to the original plaintiff November 2014 Illinois Law Update, Page 524 On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.
Collecting from Third-Party Personal Injury Defendants after Ponto By Stephen E. Balogh October 2014 Article, Page 498 Ponto holds that a plaintiff who has not sued a third-party defendant directly has no right to collect from it directly - even if the third party defendant is more than 25 percent at fault.
The incredible, unciteable Rule 23 order By Matthew Hector October 2014 LawPulse, Page 466 Lawyers 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 Information By Gabriel Reilly-Bates, Richard Y. Hu, and Claire E. Brennan October 2014 Article, Page 480 New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.
Time-limited settlement offer does not moot class representative’s claims October 2014 Illinois Law Update, Page 472 On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.
Attorneys owe a duty to non-client beneficiaries when distributing funds recovered in wrongful death actions September 2014 Illinois Law Update, Page 424 On June 19, 2014, the Illinois Supreme Court held that attorneys owe a duty to non-client beneficiaries of a wrongful death claim when damages are distributed.
Seventh circuit pilot program focuses on improving e-discovery By Matthew Hector September 2014 LawPulse, Page 418 A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.
E-discovery rule changes allow format choice, prevent abuse By Matthew Hector August 2014 LawPulse, Page 366 Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.
Only actual conflicts between state laws require choice-of-law determinations August 2014 Illinois Law Update, Page 372 On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.
Using a Police Report to Help Prove Your Civil Case By James P. Looby August 2014 Article, Page 390 Under 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.
Local Counsel in the Digital Age: The Rise of the Coverage Attorney By Charles R. Wolf July 2014 Article, Page 328 More law firms are taking cases from far-flung places, and they need local counsel to make court appearances on their behalf. Find out more about this growing source of business.
Pretrial Motions - Are You Getting Them Right? By Jennifer L. Graham June 2014 Article, Page 280 Recent 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.
Waiver of personal jurisdiction by appearance does not apply retroactively June 2014 Illinois Law Update, Page 272 On March 20, 2014, the Illinois Supreme Court held that waiver of personal jurisdiction by appearance does not apply retroactively to orders entered before the appearance, resolving a conflict in the appellate courts.
Absolute litigation privilege bars a party’s claim arising out of alleged misconduct in prior judicial proceedings May 2014 Illinois Law Update, Page 220 On February 24, 2014, the First District Appellate Court of Illinois held that the absolute litigation privilege bars claims brought by a plaintiff on the basis of conduct that took place in a prior and separate judicial proceeding.
Offers of Judgment: Federal Rule 68 in Illinois? By Jessica Livieres, Andrew Cho, and Hon. E. Kenneth Wright, Jr. May 2014 Article, Page 242 This 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 Law By Justin A. Maleson and R. Douglas Rees March 2014 Article, Page 138 A 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 Claims By Zachary J. Freeman February 2014 Article, Page 80 Res 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.
Some Supreme Court Rule 138 privacy provisions delayed until 2015 By Janan Hanna February 2014 LawPulse, Page 62 Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.
Claim against deceased driver was time barred when the plaintiff failed to substitute the correct party January 2014 Illinois Law Update, Page 16 On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.