Publications

Illinois Bar Journal
Articles on Trial Practice and Procedure

The Occasional Litigator's Guide to Making the Most of Pleadings and Motions By Patrick M. Kinnally August 2004 Article, Page 414 Did you know you can win a motion but damage your case in the process? Here's advice on using pleadings wisely.
A Practical Guide to Seeking – and Avoiding – Rule 137 Sanctions By Aldo E. Botti and Carla Labunski August 2004 Article, Page 408 Your opponent has filed a pleading that you think is frivolous. Is it worth fighting? Read and find out.
Applying the Frye Standard to Expert Testimony; A Guide for Lawyers and Judges By Hon. Robert J. Steigmann July 2004 Article, Page 363 Here's an appellate court justice's framework for analyzing Frye issues.
It's Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois By Mark E. McNabola July 2004 Article, Page 344 The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.
Sealing court records: what's the standard in Illinois? By Helen W. Gunnarsson July 2004 Lawpulse, Page 334 Surprisingly, no statute or supreme court rule sets forth standards for sealing court records from the public.
Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois By Jill E. Adams May 2004 Article, Page 246 In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?
The Top 10 Ways to Avoid Losing a Motion for Summary Judgment By Hon. Barbara A. McDonald March 2004 Article, Page 128 Learn how to improve your odds of winning a summary judgment motion or, as a nonmovant, how to spot flaws in your adversary's argument.
Granting leave to amend a complaint does not constitute a final order, therefore a plaintiff's right to take a voluntary dismissal is preserved February 2004 Illinois Law Update, Page 70 On November 20, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts, which denied the plaintiff's motion to voluntarily dismiss count III of a multi-count complaint. 
Motion to vacate judgment is not a new action entitling litigants to a substitution of judge as of right. January 2004 Illinois Law Update, Page 16 On October 29, 2003, the Appellate Court of Illinois, Fifth District, affirmed the judgment of the Circuit Court of Fayette County denying the defendants' motion for substitution of judge.
Pursuant to §2-616 of the Code of Civil Procedure, relation back exists for any cause of action arising from the same transaction or occurrence. January 2004 Illinois Law Update, Page 16 On October 2, 2003, the Illinois Supreme Court affirmed that portion of the appellate court's opinion that reversed the dismissal of certain paragraphs of the plaintiff's amended complaint.
Interrogatories: the numbers game By Helen W. Gunnarsson December 2003 Lawpulse, Page 594 What if you're presented by an opponent with too many interrogatories, or what if you want to exceed the limits yourself? Here are some ideas.
Discovery of Medical Information After HIPAA: A Litigator's Guide By Katherine L. Dzik November 2003 Article, Page 554 HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.
Return of the Petrillo doctrine for hospital defendants By Helen W. Gunnarsson November 2003 Lawpulse, Page 544 Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.
Venue will be transferred to an adjacent county under the doctrine of forum non conveniens when the balance of private and public interest factors strongly favors the transfer. November 2003 Illinois Law Update, Page 550 On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts denying the defendants' motion to transfer the action under the doctrine of forum non conveniens.
Breathing new life into forum non conveniens? By Helen W. Gunnarsson October 2003 Lawpulse, Page 486 A new supreme court case may signal a new willingness to police forum shopping, legal scholars say.
Trial court's error in allowing improper and untimely answers to a Rule 216 request held as cause for a new trial October 2003 Illinois Law Update, Page 492 On June 30, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the Circuit Court of Cook County denying the defendant's motion to strike the plaintiffs' answers to requests for admissions submitted to them pursuant to Supreme Court Rule 216, 134 Ill.2d R. 216.
Trial Practice Update for General Practitioners: Lessons from Recent Cases By Patrick M. Kinnally October 2003 Article, Page 508 A review of leading practice and procedure cases and the lessons they teach.
Will Ozik inspire more p.i. settlements? By Helen W. Gunnarsson September 2003 Lawpulse, Page 430 According to plaintiffs' lawyers, a recent appellate court ruling means that more defendants will be found jointly, rather than just severally, liable. And that could make them more willing to settle.
Defending Against Prejudgment Interest Awards in Illinois: From Drafting to Litigation By Justin Lee Heather July 2003 Article, Page 336 Defenses and drafting techniques to help attorneys protect clients from claims for prejudgment interest.
Locating Elusive Witnesses: An Introduction By Peggy Shapiro and Perry Myers July 2003 Article, Page 357 Simple, low- or no-cost tools for finding witnesses who don't want to be found.
Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.
Adverse Examination of Former Employees in Illinois By Jeffrey K. Kroll and J. Ryan Potts June 2003 Article, Page 300 Illinois plaintiffs should be allowed to treat former employees of corporate defendants as adverse witnesses, these authors argue.
The Art of Direct Examination By Terrence J. Lavin June 2003 Article, Page 305 A trial lawyer's guide to effectively examining experts and plaintiffs.
Changing the Nature of Illinois Class Actions By Kathleen R. Richards and Jeffrey L. Dunn May 2003 Article, Page 230 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.
How Great Will the Impact Really Be? By Judy L. Cates May 2003 Article, Page 231 Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.
Nursing home litigation: no certificate of merit required By Helen W. Gunnarsson May 2003 Lawpulse, Page 220 In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.
Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure May 2003 Illinois Law Update, Page 226 On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.
Maximizing Your Client's Recovery Under the Federal Tort Claims Act By Thomas A. Kantas February 2003 Article, Page 76 An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.
Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court By Robert P. Vogt February 2003 Article, Page 72 Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.
Donaldson v CIPS: The Death Knell for Daubert in Illinois? By Stephen A. Wood January 2003 Article, Page 26 In Donaldson, the Illinois Supreme Court embraced the Frye standard for admitting scientific evidence and passed on Daubert. Here's a review.
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