Publications

Illinois Bar Journal
Articles on Evidence

An Introduction to Opinion Testimony Disclosures in Illinois By Richard L. Miller II January 2001 Article, Page 18 An overview of Rule 213(f) and (g) and the cases interpreting them.
Retained Experts' Opinions in Medical Malpractice Cases By Terrence J. Lavin January 2001 Article, Page 39 Rule 213 pointers for med-mal lawyers.
Expert Testimony About Psychological Syndromes: How Far Can an Expert Go? By Steven J. Sturm and Rebecca N. Poulson December 2000 Article, Page 704 How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.
New hearsay exception for "safe zone testimony" ; P.A. 91-899 December 2000 Illinois Law Update, Page 690 Under a recent change to the Illinois Code of Criminal Procedure, certain hearsay evidence will soon be admissible in some circumstances.
The Lawyer's Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Protecting Evidence of Self-Critical Analysis From Discovery in Illinois By Michelle R. Mosby-Scott and Michael Todd Scott November 2000 Article, Page 648 A review of self-critical-analysis privilege under federal and state law.
Trial court did not abuse its discretion in allowing deposition testimony of plaintiff's doctor taken 25 months prior to trial regarding plaintiff's prognosis November 2000 Illinois Law Update, Page 624 On September 21, 2000, the Supreme Court of Illinois affirmed the appellate court's decision that it was not error for the trial court to have admitted deposition testimony regarding the plaintiff's prognosis when the testimony was given 25 months prior to trial.
The Lawyer's Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888 October 2000 Illinois Law Update, Page 563 Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.
Evidence Practice Guides By James E. Duggan September 2000 Column, Page 543 Illinois lawyers are fortunate to have several good sources for guidance on evidence law. Here are thumbnail sketches of the leading treatises and practice guides.
Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871 September 2000 Illinois Law Update, Page 500 The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.
Statute permitting medical records to be given to law enforcement officials investigating motor vehicle accident deemed constitutional September 2000 Illinois Law Update, Page 500 On July 6, 2000, the Supreme Court of Illinois reversed the circuit court's finding that section 11-501.4-1 ("the section") of the Illinois Motor Vehicle Code is unconstitutional and violated the defendant's right to privacy of his medical records.
Supreme court rejects "same part of the body rule" and holds that defendants must present evidence establishing relevance of plaintiff's prior injury September 2000 Illinois Law Update, Page 500 On July 6, 2000, the Illinois Supreme Court affirmed the appellate court's ruling that a defendant who wishes to introduce evidence of a prior injury, whether or not the injury is to the same body part, must introduce evidence establishing the prior injury's relevance.
The Case for Making Pre-Impact Fear Compensable in Survival Actions By Jeffrey J. Kroll August 2000 Article, Page 462 The author argues that Illinois should follow other states and make pre-impact fear compensable.
The Lawyer's Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
The Quandary Facing Deponents Who Err at Deposition By Robert S. Minetz May 2000 Article, Page 276 The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.
An Illinois Litigator's Guide to Finding and Using Experts By Terrence J. Lavin, John L. Nisivaco, and Martin A. Dolan March 2000 Article, Page 168 Experts: should you find one and how?
The Lawyer's Journal By Bonnie C. McGrath March 2000 Column, Page 124 Public defenders and legal malpractice; lawyers can commit UPL; and more.
Life after Daubert and Kumho Tire: An Update on Admissibility of Expert Testimony By Joseph G. Feehan March 2000 Article, Page 134 What influence have these important U.S. Supreme Court opinions had on Illinois law?
Summary Suspension Hearings: Shifting the Burden of Proof to the State By J. Brick Van Der Snick March 2000 Article, Page 156 How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.
Unanswered Questions After Kumho Tire By Joseph F. Madonia and Ian J. McPheron March 2000 Article, Page 139 Another view of Kumho Tire and the new uncertainty about admitting experts.
The Lawyer's Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
A plaintiff must introduce at least some evidence of the defendant’s payroll records to show that the defendant is an “employer” for purposes of a Title VII claim January 2000 Illinois Law Update, Page 16 On November 15, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s grant of the defendant’s motion for judgment as a matter of law since the plaintiff, Tina Mizwicki, failed to set forth sufficient evide evidence to show that the defendant was an “employer” for purposes of Title VII.
Correspondence from Our Readers December 1999 Column, Page 626 Discovery and computer data.
Correspondence from Our Readers October 1999 Column, Page 510 No "apportion[ment] between preexisting conditions and a defendant's wrongful act''?
How to Produce Computer Data in Discovery By Todd H. Flaming October 1999 Column, Page 555 Requests to produce computer data are increasingly common; here's a primer on how to comply.
A Hospital "Shall'' Disclose Blood Alcohol Concentration Test Results to Police ; PA 91-125 September 1999 Illinois Law Update, Page 460 If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.
The Lawyer's Journal By Bonnie McGrath September 1999 Column, Page 454 "Same part of the body'' rule update.
The Lawyer's Journal By Bonnie McGrath August 1999 Column, Page 402 Breach of fiduciary duty: A new application
"Same Part of the Body Rule'' Revised: Admissibility of Prior Injuries in PI Cases By Hon. Barbara A. McDonald August 1999 Article, Page 414 A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.
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