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Articles on Civil Practice

Prejudgment Interest Statute Withstands Constitutional Challenges in the Appellate Court By David Handley & Jeffrey Eippert Civil Practice and Procedure, October 2023 The Illinois Prejudgment Interest Statute has withstood its first round of constitutional challenges in the appellate court in Cotton v. Coccaro and First Midwest Bank v. Rossi.
Recognizing and Litigating Affirmative Defenses By Cathy A. Pilkington Civil Practice and Procedure, October 2023 A valid affirmative defense is a powerful litigation tool.
The State of Snap Removal in Illinois District Courts By Blake Kolesa Civil Practice and Procedure, August 2023 Snap removal is a tactic by which the plain language of the removal statute has been construed by many courts to permit a federal forum when the parties to an action would ordinarily not be permitted to remove the action to federal court.
The Earthquake That Wasn’t: Advocacy in Illinois Courts Under Amended Rule 23 By Shawn Wood & Jake Maginn Civil Practice and Procedure, May 2023 Prior to its most recent amendment, Illinois Supreme Court Rule 23 barred parties from citing to unpublished orders except in very limited circumstances.
1 comment (Most recent May 22, 2023)
Procedural Pitfalls Prevent Plaintiff’s Recovery Under Personnel Record Review Act By J. Matthew Pfeiffer Civil Practice and Procedure, May 2023 The appellate court recently addressed particular nuances of Illinois’ Personnel Record Review Act, ultimately deciding that a defendant was entitled to a judgment on the pleadings due to the plaintiff’s failure to strictly follow the law’s procedural requirements.
An Essential Primer on Forum Non Conveniens: Milton v. The Boeing Co. By Harry Dubnick Civil Practice and Procedure, April 2023 The appellate court recently furnished a useful refresher on the issue of forum non conveniens in Milton v. The Boeing Co.
Looking For Deeper Pockets? What About Negligent Entrustment? By Mark Rouleau Civil Practice and Procedure, February 2023 Negligent entrustment is one type of legal doctrine that may apply and serve to expand the circle of potentially negligent defendants, thereby expanding the potential for a greater recovery.
The Mechanics of Preserving and Producing Text Messages By George Bellas & Kasey Hughes Civil Practice and Procedure, January 2023 Text messaging has led to some new issues on the common discovery requests.
What Is the Duty to Protect a Known Trespasser From an Open and Obvious Danger? By Robert Handley Civil Practice and Procedure, January 2023 A summary of Quiroz v. Chicago Transit Authority, in which the court considered whether the Chicago Transit Authority owed a duty of care to the plaintiff's decedent, who was struck by train.
Battle Lines on the Verdict Form: How Many Lines Should Go to the Jury? By Kingshuk Roy Civil Practice and Procedure, November 2022 There is often a dispute at trial over how many lines should be included on the verdict form. Some advocate for separate lines for each distinct damage claim while others seek to combine damage categories into a single line. This article reviews how appellate courts have handled this dispute.
Practice Tips to Prevent Improper Witness Coaching at Remote Depositions By David A. Weder Civil Practice and Procedure, November 2022 An overview of the risks of remote depositions and practical tips to protect against them. 
1 comment (Most recent November 25, 2022)
No Good Deed Goes Uncovered: An Illinois Insurer’s Failed Attempt to Exclude Coverage for Its Friendly Insured’s Work By Will T. Owens & Kimberly A. Davis Civil Practice and Procedure, September 2022 Exclusions in insurance policies are one method by which insurers and insureds come to terms on the scope of insurance coverage, or lack thereof.
ABA House of Delegates: 2022 Annual Meeting Resolutions By Emily N. Masalski Civil Practice and Procedure, July 2022 On August 8 and 9, 2022, the ABA House of Delegates meeting will be held in Chicago.
Nixing SOJ as of Right Results in Appellate Reversal By J. Matthew Pfeiffer Civil Practice and Procedure, July 2022 In Gohari v. McDonald’s Corp., the appellate court held that because a trial court judge had not ruled on any substantial issues and had not begun a hearing on the merits before a party made a motion for substitution of judge as of right, section 2-1001 of the Illinois Code of Civil Procedure required such motion to have been granted.
Do Not Try This Yourself By Nigel S. Smith Civil Practice and Procedure, September 2021 A look at why laypeople should hire attorneys to handle their more complex legal issues.
Judicial Admissions in Motion Practice By Nicholas J. Kamenjarin Civil Practice and Procedure, September 2021 A summary and analysis of Abruzzo v. City of Park Ridge.
A Litigant’s Absolute Right to a Substitution of Judge: ‘Test the Waters’ Doctrine Abolished By Judge Brian McKillip, (ret.) Civil Practice and Procedure, July 2021 In Palos Community Hospital v. Humana Insurance Company, the Illinois Supreme Court dealt a fatal blow to a doctrine that had clouded the issue of a litigant’s absolute right to a substitution of judge in a civil action.
The Mechanics Lien Act By Hon. John C. Griffin, (ret.) Civil Practice and Procedure, July 2021 In CB Construction & Design LLC v. Atlas Brookview, LLC, the appellate court affirmed the trial court's dismissal of a mechanics lien count for failure to name a necessary party within 30 days of a section 34 demand to commence suit.
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices” By Ronald D. Menna, Jr. Civil Practice and Procedure, December 2020 In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Contingent Fees: Success Fee—What Are They? By Patrick M. Kinnally Civil Practice and Procedure, August 2020 A summary and analysis of Grund & Leavitt v. Stephenson, in which a law firm filed a complaint against a former client to recover under a written agreement whereby plaintiff would provide legal representation and services for defendant and defendant would pay plaintiff hourly attorney fees and costs as incurred and, additionally, a “final bill.”
Restrictive Covenant Rules in the Real World By Joe Souligne Civil Practice and Procedure, August 2020 Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
Discovery Sanctions and the Importance of Thorough Preparation of Written Discovery Responses By Deanna L. Litzenburg Civil Practice and Procedure, June 2020 While the process of answering written discovery requests can often be tedious, it is necessary for practitioners to take an active role in preparing responses and facilitating full and complete disclosures from their clients in accordance with the Illinois rules.
No Notice, No Appeal: The Importance of Preserving Issues for Appeal By Mac R. Cepican & Andrea L. Collins Civil Practice and Procedure, June 2020 The Supreme Court of Illinois recently held in Crim v. Dietrich that the appellate court’s reversal of a judgment and remanding a case for new trial does not require a trial de novo on all claims.
Plaintiff Lacks Capacity to Sue: Is the Judgment Void?: Askew Insurance Group, LLC v. AZM Group, Inc., 2020 IL App (1st) 190179 By Robert Handley Civil Practice and Procedure, June 2020 A summary of Askew Insurance Group, LLC v. AZM Group, Inc., which involved a breach of lease complaint.
Special Interrogatories: Not So Special Anymore By John J. Holevas Civil Practice and Procedure, March 2020 The Illinois General Assembly recently approved extensive revisions to 735 ILCS 5/2-1108 dealing with special interrogatories. These changes will apply to trials commencing on or after January 1, 2020, and may cause litigators to rethink the effectiveness of special interrogatories.
Concert Security Detail Owes No Duty to Intoxicated Patrons and Drivers in Illinois By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, December 2019 The appellate court issued a ruling in a September 2019 wrongful death and survival suit, finding that a concert venue and operator were not liable for the decedent’s death in a premises liability case.
Blockchain as Evidence By George Bellas Civil Practice and Procedure, November 2019 The increased use of blockchain technology will require lawyers to understand the concept in order to utilize it at trial.
‘I didn’t mean it!’: Changing deposition testimony with errata sheets By George Bellas & Svetlana Meltser Civil Practice and Procedure, June 2019 Errata sheets allow a witness to make changes to transcripts prior to submitting it as part of discovery, but to what extent can they be used to correct or corrupt testimony?
Lost text messages lead to sanctions By George Bellas Civil Practice and Procedure, March 2019 Schmalz v. Village of North Riverside, et al. highlights the importance of taking measures to preserve data from mobile devices, as well as the risks associated with failing to take such measures.
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.

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