Publications

Illinois Bar Journal
Articles on Trial Practice and Procedure

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.
Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence By Hon. Denise M. O'Malley October 2000 Article, Page 568 A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.
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.
Statute of limitations bars claim filed 22 years after alleged sexual abuse October 2000 Illinois Law Update, Page 563 On August 10, 2000, the Illinois Supreme Court held that the statute of limitations for a claim brought by a former parishioner against a parish priest began to run when the parishioner reached age of majority, and that the parishioner was not under a legal disability sufficient to toll the statute of limitations.
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 August 2000 Column, Page 434 You still have the right to remain silent; UPL and in-house counsel; and more.
Procedures for determining "best interest" of child in custody proceedings clarified; P.A. 91-746 August 2000 Illinois Law Update, Page 438 In response to a recent appellate court decision, the General Assembly passed and the governor recently approved legislation clarifying the process for requesting court-ordered evaluations in child custody proceedings.
Suing Out-of-State Defendants in Illinois: Minimum Contacts after TCA, Ruprecht and Chalek By Edward S. Margolis August 2000 Article, Page 458 An analysis of recent cases that may affect the right to enforce business contracts in Illinois.
The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions By Tod A. Lewis July 2000 Article, Page 392 Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.
The Res Judicata Doctrine Under Illinois and Federal Law By Barbara Andersen Gimbel July 2000 Article, Page 404 A step-by-step review of the res judicata doctrine and its development and application under the common law.
The Undercapitalized Corporation and Illinois Corporate Veil-Piercing Law By Mark W. Page July 2000 Article, Page 398 The author argues that Illinois courts have not developed a coherent theory of undercapitalization as a justification for veil piercing.
Zen and the Art of Motorcycle-Injury Litigation By Thomas M. Harris July 2000 Article, Page 409 Don't treat your motorcycle-injury suit like just another automobile case.
Civil Penalties Under the Illinois Environmental Protection Act By Patrick D. Shaw June 2000 Article, Page 344 A survey of the law governing whether and what penalties are appropriate under the IEPA.
First Things First: Evaluating a Nursing Home Case By Steven M. Levin and David H. Brinton June 2000 Article, Page 349 Pointers on deciding whether to pursue, refer, or reject a nursing home case.
The Lawyer's Journal By Bonnie C. McGrath June 2000 Column, Page 308 Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.
Pressure-Sore Litigation: An Overview By Paul W. Johnson and Veronica L. Armouti June 2000 Article, Page 336 An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.
States may not be sued under ADA in private action in federal court June 2000 Illinois Law Update, Page 310 On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).
Supreme Court Rule 219(e) does not confer on circuit courts the authority to deny pretrial motions for voluntary dismissal that meet the requirements of section 2-1009(a) of the Code of Civil Procedure June 2000 Illinois Law Update, Page 310 Ronald Morrison brought a medical malpractice action against C. G. Wagner, a radiologist; Michael Feely, a neurosurgeon; and St. Mary's Hospital.
Effective Closing Arguments in DUI Jury Cases By Donald J. Ramsell May 2000 Article, Page 285 Tried-and-true techniques for DUI "breath" and "refusal" trials.
The failure to name the state of Illinois as a respondent was sufficient to justify a dismissal of a petition for review of an administrative decision May 2000 Illinois Law Update, Page 252 On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's dismissal of Watts' petition because the court lacked jurisdiction to hear the matter since Watts failed to name the state of Illinois as a respondent in the case.
Protecting Trade Secrets During Litigation: Policies and Procedures By William Lynch Schaller May 2000 Article, Page 260 Find out how to reduce the risk that you'll reveal proprietary information during litigation.
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.
ADA claim must establish that condition is regarded as a disability April 2000 Illinois Law Update, Page 196 On February 8, 2000, the seventh circuit court of appeals affirmed the decision of the district court for the Northern District of Illinois to grant summary judgment to the defendants as to plaintiff Krocka's claim under the Americans with Disabilities Act ("ADA").
The Lawyer's Journal By Mark Mathewson April 2000 Column, Page 192 What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.
Use of undercover investigators may constitute claim for invasion of privacy April 2000 Illinois Law Update, Page 196 On January 13, 2000, the First Division of the Appellate Court of Illinois, reversed in part the circuit court of Cook County's judgment in favor of Kmart Corporation.
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?
Illinois' Court-Annexed Mandatory Arbitration: A Review of the Cases By Timothy W. Kelly and Amy L. Mobley March 2000 Article, Page 150 A practitioner's guide to recent Illinois mandatory-arbitration decisions.
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.
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