Subject Index Civil Practice

The Revestment Doctrine: Alive and Well or On Its Last Legs?

By Kristopher N. Classen
February
2012
Article
, Page 94
Under 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 Media

By Richard L. Miller II
January
2012
Article
, Page 42
A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.

Service by publication insufficient for eminent domain proceeding

August
2011
Illinois Law Update
, Page 388
Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.

The Limits on Legislative Power to Withhold Subject Matter Jurisdiction

By Professor Jeffrey A. Parness
June
2011
Column
, Page 316
The supreme court underscores the limits on the power to decide which cases courts can hear.

Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff

By Christopher B. Lega
May
2011
Article
, Page 250
Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.

What judges want

By Helen W. Gunnarsson
April
2011
LawPulse
, Page 174
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The Power of Pre-Suit Discovery: Supreme Court Rule 224

By Timothy J. Harris
March
2011
Article
, Page 136
Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.

Process servers may be refused entry into correctional institutions and jails. PA 096-1451

March
2011
Illinois Law Update
, Page 124
Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.

Vailas: An Ill-Conceived Limit on Modifying Child Support Orders

By Professor Jeffrey A. Parness
March
2011
Column
, Page 160
While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.

Goodbye to the “Conspiracy” Theory of Personal Jurisdiction?

By Stephen A. Wood & James M. Reiland
January
2011
Article
, Page 28
Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?

Non-identical Twins: The Illinois and Federal Rules of Evidence

By Professor Jeffrey A. Parness
December
2010
Column
, Page 642
Important differences between the two limit the persuasive power of federal precedents in Illinois.

The preclusive effect of summary suspension hearings in subsequent adjudication

December
2010
Illinois Law Update
, Page 616
On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.

Web Auction Sales and Long-Arm Jurisdiction

By Professor Jeffrey A. Parness
September
2010
Column
, Page 486
A court rules that an Illinois eBay buyer could not hale a California seller into court in Illinois.
1 comment (Most recent July 2, 2012)

Can you cite to unpublished opinions?

By Helen W. Gunnarsson
June
2010
LawPulse
, Page 286
In Illinois state court, no. In Illinois-based federal district courts, yes.

Judicial Versus Legislative Authority after Lebron

By Professor Jeffrey A. Parness
June
2010
Column
, Page 324
The med-mal caps ruling continues the age-old battle over separation of powers.

Prior sexual activity or reputation evidence generally not admissible in civil trials. PA 096-0307

May
2010
Illinois Law Update
, Page 236
New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.

Red Light Cameras: Innocent But Guilty

By Professor Jeffrey A. Parness
March
2010
Column
, Page 158
Learn about the losing battle to challenge automated traffic enforcement.

Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims

February
2010
Illinois Law Update
, Page 72
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

Nonlawyers in Administrative Adjudications

By Professor Jeffrey A. Parness
December
2009
Column
, Page 636
Nonlawyers can represent an employer in administrative proceedings before the IDES.

An order to dissolve a preliminary injunction constitutes a legal conclusion that the preliminary injunction was wrongfully issued

November
2009
Illinois Law Update
, Page 552
On September 9, 2009, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Sangamon County and remanded with direction. 

Although a trial court’s failure to rule on a motion in limine may constitute an abuse of discretion, a harmless error will not overturn a ruling.

October
2009
Illinois Law Update
, Page 496
On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.  

The Overlooked Art of Redirect Examination

By Jeffrey J. Kroll & Patrick White
August
2009
Article
, Page 406
Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.

The Admissibility of Other Misconduct in Civil Cases

By Michael J. Polelle
July
2009
Article
, Page 364
As a rule, character evidence is inadmissible in civil cases even if proved circumstantially. Here are two exceptions to the rule.

Making evidence meaningful

By Helen W. Gunnarsson
June
2009
LawPulse
, Page 278
A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.

Postjudgement Sanctions: Do Trial Courts Have Too Little Power?

By Professor Jeffrey A. Parness
June
2009
Column
, Page 314
Illinois judges should be free to impose sanctions for misconduct after final judgement and on behalf of nonparties if the facts warrant.

Foreclosure defense a practice option real estate lawyers

By Helen W. Gunnarsson
May
2009
LawPulse
, Page 220
Representing foreclosed-on homeowners might be a way for real estate lawyers to pick up slack left by the weak economy.

The Power Behind the Robe: A Primer on Contempt Law

By Timothy L. Bertschy & Nathaniel E. Strickler
May
2009
Article
, Page 246
The power of contempt is a confusing mix of civil and criminal law concepts overlaid with constitutional implications. Here's a review.

Asked and Answered

April
2009
Column
, Page 204
When does a client have to appear?

Code of Civil Procedure provides another opportunity to file an action

April
2009
Illinois Law Update
, Page 174
On January 29, 2009, the Illinois Appellate Court, First District, reversed and remanded the decision of the Circuit Court of Cook County ruling the third-party com plaint untimely under section 13-204 of the Illinois Code of Civil Procedure (735 ILCS 5/13-204 (2006)).

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