Publications

Illinois Bar Journal

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Articles on Civil Practice

Trial-Practice Don’ts By Matthew R. Crimmins July 2008 Article, Page 360 Don't promise the jury more than you can deliver, don't make inflammatory arguments, and more "don'ts" for litigation.
Hudson: New Limits on a Plaintiff’s Right to Refile a Voluntarily Dismissed Case By Ross B. Edwards June 2008 Article, Page 294 A controversial new case from the Illinois Supreme Court bars the refiling of a voluntarily dismissed claim when a partially dispositive motion has been granted.
Residents Suing Nonresidents for Harm in Illinois By Professor Jeffrey A. Parness June 2008 Column, Page 318 Two recent appellate cases limit the power to sue nonresidents.
Tapping Agency Expertise: The Doctrine of Primary Jurisdiction By James W. Hilliard May 2008 Article, Page 256 Courts use the doctrine to refer an issue to an administrative agency for expert determination. Here's how it works in Illinois.
Refiled Claims: It’s Notice, Not Service By Professor Jeffrey A. Parness March 2008 Column, Page 152 Voluntary dismissals need only be noticed to defendants in the second suit.
Attorney Mistakes, Client Losses: New Visions After Vision Point By Professor Jeffrey A. Parness December 2007 Column, Page 664 Courts should grant extensions for “good cause” failures to comply. So what’s “good cause”?
Sanctioning Firms for Frivolous Filings By Professor Jeffrey A. Parness September 2007 Column, Page 490 Courts should allow sanctions against firms for lawyers' misconduct.
A Higher bar for Class Action Litigation in Illinois By Justin Lee Heather July 2007 Article, Page 356 A look at the Illinois Supreme Court's recent Avery and Gridley decisions and their dampening impact on class lawsuits.
Reforming Paternity Procedures: A Dannielynn in Illinois By Professor Jeffrey A. Parness June 2007 Column, Page 324 What would have happened if Anna Nicole Smith's daughter had been born in Illinois?
E-Discovery in Illinois Civil Actions By Professor Jeffrey A. Parness March 2007 Column, Page 150 Wholesale adoption of federal discovery rules by Illinois State courts may be unwise.
Asked and Answered January 2007 Column, Page 50 What are the rules for serving notice?
Arbitration Clauses: The Singular Approach in Cingular Wireless By Jeffrey A. Parness December 2006 Column, Page 678 The Illinois Supreme Court lays down the law on arbitration agreements.
The Playmate and the Probate Exception By James E. Pfander June 2006 Column, Page 320 The probate exception lay dormant for decades, but Anna Nicole Smith's case revived it.
The Geography of Class Litigation By James E. Pfander March 2006 Column, Page 148 The federal and state high courts have shown a sophisticated understanding of the territorial reach of regulatory power. 
Avery Raises Doubts About the Class Action Fairness Act By James E. Pfander December 2005 Column, Page 648 The supreme court's recent class-action certification case calls the need for CAFA into question.
Standing on Shaky Ground By James E. Pfander September 2005 Column, Page 480 While the Illinois Supreme Court's most recent qui tam case is a victory for plaintiffs, it further clouds standing doctrine.
Adding Insult to Overseas Injury: A Failure of the Forum Non Doctrine By James E. Pfander June 2005 Column, Page 314 Under current doctrine, foreign mass-tort plaintiffs are often left with little or nothing.
The Substance and Procedure of Class Action Reform By James E. Pfander March 2005 Column, Page 144 Make no mistake – the Federal Class Action Fairness Act will bring sweeping changes.
Judicial Ping-Pong By James E. Pfander December 2004 Column, Page 652 A new law allows more discrimination claims against the state.
Administrative Review Act creates a right to amend a complaint in specific circumstances November 2004 Illinois Law Update, Page 568 On August 4, 2004, the Illinois Appellate Court, Second District, reversed the Circuit Court of DuPage County's dismissal of the plaintiff's complaint. 
When is “special service” good enough? By Helen W. Gunnarsson October 2004 LawPulse, Page 508 How hard must you try to accomplish personal service before you can resort to service by publication? A recent first district case tackles the question.
Illinois Litigator’s Guide to Naming Defendants in Collection Suits By Scott Michael Alexander July 2001 Article, Page 373 Properly naming your defendant can mean the difference between collecting a judgment and making a worthless claim.
Stamped facsimile of attorney’s signature sufficient to satisfy requirements of notice provision of the Code of Civil Procedure July 2001 Illinois Law Update, Page 342 On May 10, 2001, the Appellate Court of Illinois, Second District, reversed the circuit court's dismissal of the plaintiff's complaint.
Enforcing Judgments Against Real Estate in Illinois: A Step-By-Step Guide By Raymond J. Ostler May 2001 Article, Page 234 A guide through the levy-sale process, including a newly effective law governing court approval of levy sales.
The Lawyer’s Journal By Bonnie C. McGrath March 2001 Column, Page 112 Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
Civil Aiding and Abetting Liability in Illinois By Ronald M. Lepinskas October 1999 Article, Page 532 Long considered exclusively a criminal law concept, aiding and abetting is growing more important in civil litigation. Find out how.
Illinois Supreme Court Civil ’98: Back to the Nuts and Bolts By Tim Eaton and Nancy J. Arnold May 1999 Article, Page 250 Sweeping constitutional questions took a backseat to more prosaic — but still important — matters.
Suing on Behalf of the State: A Parens Patriae Primer By Jim Ryan and Don R. Sampen December 1998 Article, Page 684 The state can and does bring civil suits on behalf of its citizens. Here's the background on the parens patriae doctrine.