Pretrial Motions - Are You Getting Them Right?By Jennifer L. GrahamJune 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.
Service by publication on adjudicated disabled person violates due processJune 2013Illinois Law Update, Page 284On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.
Judgment and memorandum of judgment expire simultaneouslyMay 2013Illinois Law Update, Page 228On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.
Supreme court bars state court suit based on res judicataMarch 2013Illinois Law Update, Page 124On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.
The Too-Expansive Illinois General Verdict RuleBy J. Timothy Eaton, Michael W. Rathsack, and Michael T. ReaganMarch 2013Article, Page 142More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
Voluntary Dismissal: The Hudson Doctrine Four Years LaterBy Anne M. SkrodzkiJune 2012Article, Page 302In Hudson v. City of Chicago, the Illinois Supreme Court held that the res judicata doctrine limits a plaintiff’s ability to refile a voluntarily dismissed claim after the involuntary dismissal of an earlier claim. So when can a voluntary claim be refiled?
A Bricoleur’s Response to Murphy’s LawBy Hon. Ron SpearsMay 2012Column, Page 270"Bricolage" is the art of creating a solution using whatever is available. It's an art litigators would do well to cultivate.
The Revestment Doctrine: Alive and Well or On Its Last Legs?By Kristopher N. ClassenFebruary 2012Article, Page 94Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.
The Dangers of Litigating in the MediaBy Richard L. Miller, IIJanuary 2012Article, Page 42A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.