Publications

Illinois Bar Journal
Articles on Trial Practice and Procedure

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.
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.
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?
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.
Helping Jurors Listen: Early Jury Instructions and Supreme Court Rule 239 By Susan M. Witt February 2000 Article, Page 80 How and why to present instructions to jurors before opening statements.
Bringing an ERISA Claim: A Step-by-Step Guide By Mark D. DeBofsky January 2000 Article, Page 20 A practice-oriented review of one of the most important, but least understood, federal laws.
The Death of Special Appearances By Keith H. Beyler January 2000 Article, Page 30 A new procedure for making a personal jurisdiction objection took effect this month. A drafter of the new law explains. Join the online Q & A at www.isba.org.
The Lawyer’s Journal By Bonnie McGrath January 2000 Column, Page 10 Losing the right to a jury trial — is it malpractice?
Trial court did not violate defendant’s constitutional rights by commencing trial in her absence January 2000 Illinois Law Update, Page 16 On November 18, 1999, the Illinois Supreme Court affirmed the appellate court’s finding that the trial court did not violate a defendant’s constitutional rights by starting her trial in her absence.
The Environmental Remediation Tax Credit: A Primer By Kathleen M. Hennessey December 1999 Article, Page 666 This new -- and underused -- state program helps developers finance brownfield cleanups.
The Lawyer’s Journal By Bonnie McGrath December 1999 Column, Page 632 One new rule clarifies notice-of-appeal filings in criminal cases...
Correspondence from Our Readers November 1999 Column, Page 566 More on modifying custody
The Lawyer’s Journal By Bonnie McGrath November 1999 Column, Page 570 Watch out, HMOs.
The Lawyer’s Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
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
Exclusion of Damage-Reducing Evidence in Injury Litigation By Roy C. Dripps July 1999 Article, Page 368 Here's how to exclude evidence that would tend to lessen damages if admitted.
The Lawyer’s Journal By Bonnie McGrath July 1999 Column, Page 348 Different rulings on the same-part-of-the-body rule.
Opinion Witnesses and Disclosure Under “New” Supreme Court Rule 213 By Lara D. Kadlec July 1999 Column, Page 381 Courts have become more reluctant than ever to let parties deviate from the strict disclosure standards of Rule 213.
The Lawyer’s Journal By Bonnie McGrath June 1999 Column, Page 298 Guilty but mentally ill'' passes constitutional muster
Understanding Section 2-619(a)(3) Motions to Dismiss or Stay By Craig M. Bargher June 1999 Column, Page 327 Litigants can use section 2-619(a)(3) to seek stays or dismissals when another cause of action involving the "same parties'' and "same cause'' is pending.
The Dilemma of Jury Instructions in Federal Employment Discrimination Cases By Chief Judge Joe Billy McDade, Robin Washburne Cozette, and Kimberly Prince Klein May 1999 Article, Page 276 A review of the murky law in this area, with model jury instructions and special interrogatories to guide practitioners.
The Lawyer’s Journal By Bonnie McGrath April 1999 Column, Page 186 Offer, acceptance, consideration, and criminal law.
Rediscovering the Truth: Requests for Admissions Are Not Discovery By Edward S. Margolis April 1999 Article, Page 214 A pair of recent Illinois Supreme Court decisions have given practitioners a powerful tool for narrowing issues of fact.
The Lawyer’s Journal By Bonnie McGrath March 1999 Column, Page 126 The "Frye plus reliability'' standard.
Bringing “Bad Faith Refusal to Settle” Claims Against Insurers By G. Grant Dixon III February 1999 Article, Page 92 Did your client's insurer refuse in bad faith to settle within policy limits? Then it should pay the price.
Litigating Claims Under Lost Insurance Policies in Illinois By Todd Stewart Schenk February 1999 Column, Page 102 A how-to guide to lost-policy lawsuits.
Plaintiff’s state-court breach of implied contract, abuse of governmental power claims were identical to dismissed federal § 1983 claim and thus barred by res judicata doctrine. February 1999 Illinois Law Update, Page 73 On November 19, 1998, the Illinois Supreme Court affirmed in part the appellate court's dismissal of plaintiff, River Park, Inc.'s, claim for tortious interference with business expectancy.
Environmental Remediation and Tax Credit January 1999 Illinois Law Update, Page 13 On October 26, 1998 the Pollution Control Board adopted amendments to section 740 of its administrative rules. 35 Ill Adm Code 740.
The Lawyer’s Journal By Bonnie McGrath January 1999 Column, Page 10 ADA plaintiffs must be accommodating.