Publications

Illinois Bar Journal
Articles on Supreme Court

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?
‘Aim for the Top’ By Ed Finkel November 2013 Article, Page 564 After a four-decade ascent through all levels of the Illinois court system, Rita Garman becomes Illinois's second female chief justice.
Illinois Supreme Court allows interlocutory appeals of suppression orders in juvenile cases By Adam W. Lasker September 2013 Lawpulse, Page 446 The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.
Supreme court, advocates push legislation to expand access to justice, fund e-filing By Adam W. Lasker July 2013 Lawpulse, Page 330 Among other things, the legislation would help defray the costs of statewide e-filing and expand the pool of individuals who qualify for legal aid.
Home rule rules, says the Illinois Supreme Court By Adam W. Lasker June 2013 Lawpulse, Page 278 Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.
Lawlor: A Roadmap for Limiting Punitive Damages By Eric J. Muñoz June 2013 Article, Page 298 A recent Illinois decision makes it easier for businesses only vicariously liable to limit punitive damages awards.
No double jeopardy though jurors were sworn, high court rules By Adam W. Lasker June 2013 Lawpulse, Page 278 The Illinois Supreme Court ruled in Martinez that, even though the jury was already empanelled, the defendant was not in jeopardy because the state stood silently by and presented no evidence.
Illinois high court affirms criminal contempt convictions of E2 nightclub owners By Adam W. Lasker May 2013 Lawpulse, Page 222 The Illinois Supreme Court reversed a ruling that vacated criminal contempt convictions against the owners of a Chicago nightclub where 21 people were killed in a stampede.
Interpreting federal statutes in state court: the high court speaks By Adam W. Lasker April 2013 Lawpulse, Page 170 What happens when state and federal courts disagree about how to interpret a federal statute? The Illinois Supreme Court tackled this difficult question in a recent ruling.
Suit barred for plaintiffs who ‘came to the nuisance’ of fly-infested cattle farm By Adam W. Lasker April 2013 Lawpulse, Page 170 The Illinois Supreme Court held that the Farm Nuisance Suit Act barred recovery for plaintiffs who acquired a house across the road from a fly-infested cattle farm.
Illinois Supreme Court Rule Changes: The Year So Far By Michele M. Jochner October 2011 Article, Page 520 From new IOLTA rules to a new official citation system, a range of important supreme court rule changes took effect from January through September of 2011.
Briefer Briefs: Writing and Speaking Tips from the Supreme Court By Tom Gaylord July 2011 Column, Page 368 Interviews with Supreme Court justices about effective advocacy are themselves good models.
Vendor-neutral citation comes to Illinois By Helen W. Gunnarsson July 2011 Lawpulse, Page 330 Beginning July 1, the official version of Illinois opinions will be published publicly on the court's website, not privately in bound volumes.
Class action suit for airline baggage fees moot for lack of pending class certification June 2011 Illinois Law Update, Page 286 The Illinois Supreme Court on March 24, 2011, held that a class action suit involving airline baggage fees was moot because "no motion for class certification was pending" when the airline tendered full relief to the passenger. *5.
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.
“He Remembers His Roots” By Helen W. Gunnarsson February 2011 Article, Page 76 A former legal aid lawyer and sole practitioner from rural beginnings settles into the role of Illinois' chief justice.
Berry and discovery depositions: hard cases make new rules By Helen W. Gunnarsson January 2011 Lawpulse, Page 10 The Illinois Supreme Court amends Rule 212 by expanding the permissible uses of discovery depositions to cases where the deponent is a party and has died before trial.
Putting the “hearing” in public hearings By Helen W. Gunnarsson December 2010 Lawpulse, Page 610 A lawyer's testimony in the supreme court committee hearing on the new evidence rules produces results.
Committee charged with helping improve Illinois’ mental health courts By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The supreme court has asked the committee to make recommendations for better information sharing, training for judges, and other improvements.
A chiropractor is a “physician” under Illinois Supreme Court Rule 204(c) May 2010 Illinois Law Update, Page 236 On February 25, 2010, the Appellate Court of Illinois, First District, affirmed in part and vacated in part the decision of the Circuit Court of Cook County, which ruled that an hourly fee of $66.95 for a deposition was reasonable for a chiropractor and entered a contempt order against the chiropractor for refusing to comply with the court's discovery order.
The Discovery Deposition and Disfavored Evidence By Joanne Hannaway Sweeney and Benjamin J. Wimmer November 2009 Article, Page 576 A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses
When Recusal Leads to DEADLOCK: A Constitutional Cure By J. Timothy Eaton and Lynn A. Ellenberger October 2009 Article, Page 510 The authors propose a constitutional amendment allowing replacement of Illinois Supreme Court justices when recusal makes rendering a decision impossible.
Faster resolution urged for custody, SLAPP suits By Helen W. Gunnarsson June 2009 Lawpulse, Page 278 At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
Rules committee hears criminal law, family law, civil practice proposals By Helen W. Gunnarsson April 2009 Lawpulse, Page 168 The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
Can Supreme Court Rule 308 Keep Your Case Alive? By Christopher T. Polillo December 2008 Article, Page 632 Depending on the facts and law, you might persuade a court to grant interlocutory review under Rule 308. Here's how it works.
A Judge’s Judge By Helen W. Gunnarsson September 2008 Article, Page 448 In Thomas Fitzgerald, the Illinois Supreme Court has a seasoned trial judge at the helm. Here’s an interview with the new chief.
How not to do e-filing By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 The supreme court recently announced its intention to implement statewide e-filing in the next several years. Critics say the federal northern district of Illinois, which requires filing both paper and electronic copies, offers an example of what not to do.
Retired, inactive, in-house lawyers can now represent clients pro bono By Helen W. Gunnarsson July 2008 Lawpulse, Page 334 Effective July 1, new supreme court rules let retired, inactive, and in-house lawyers working through legal-aid providers or other approved groups represent clients pro bono.
A Chat with the Chief By Helen W. Gunnarsson September 2005 Article, Page 450 New Illinois Supreme Court Chief Justice Thomas shares his views on civility, mandatory CLE, and more.
The Illinois Supreme Court’s Latest Last Word on Statutory Retroactivity By Robert C. Feldmeier May 2004 Article, Page 260 For the third time in 10 years, the Illinois Supreme Court has changed the rule governing when statutes apply to events and litigation that predate their enactment.