Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2003 Articles

Beware of the pitfalls of Supreme Court Rule 216 By Michael J. Marovich September 2003 All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 2003 WL 21498945 (Ill. App. 1 Dist., June 30, 2003) and Montalbano Builders, Inc. v. Rauschenberger, 2003 WL 21742271 (Ill. App. 3 Dist., July 25, 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216.
Cashing out the structured settlement By W. Eric Fasking February 2003 An increasing trend in the marketplace is for factoring companies to entice successful personal injury claimants into cashing out structured settlements.
Challenging “good-faith” settlements in Illinois By Melinda S. Kollross March 2003 A good-faith settlement is a prerequisite to the benefits of the Joint Tortfeasor Contribution Act (the "Contribution Act") (740 ILCS 100/2(a)(2000)--to both the settling tortfeasor's right of contribution and that tortfeasor's insulation from liability in contribution to others.
Closing argument: Using enlarged trial transcripts and jury instructions By Patrick M. Kinnally May 2003 You just completed a four-day trial. The plaintiff claims it is entitled to money damages because your client, Tiger, L.L.C., delivered certain lockers that did not conform to plaintiff, Mason School District's, bid specifications.
First National Bank v. Guerine: Restating the standard for in-state forum non conveniens transfers By Hon. Daniel T. Gillespie February 2003 In First National Bank v. Guerine, the Illinois Supreme Court restated the standard that governs the resolution of motions to transfer a case to another county in Illinois for forum non conveniens
Illinois General Assembly regulates health care liens By Richard L. Turner November 2003 Illinois law allows a wide range of medical service providers to impress a lien on the proceeds of a personal injury award or settlement.
Landeros and the use of affidavits in the resolution of motions for summary judgment By Russell W. Hartigan November 2003 Affidavits have long played an important role in civil litigation. In Landeros v. Equity Property and Development, the appellate court of Illinois has confirmed that lawyers must comply with the applicable rules of civil procedure in preparing affidavits for use in opposing a motion for summary judgment.
Limitations on witness interviews By Robert T. Park January 2003 In the course of preparing a case, an attorney or paralegal may need to talk to potential witnesses to learn what information, favorable or adverse, may be elicited at trial.
Medical lienholders beware By Michael J. Marovich May 2003 Any plaintiff's personal injury attorney eventually will have to deal with a health insurance carrier's attempts to collect healthcare payments made on behalf of a personal injury victim from the proceeds of any settlement or judgment
The Multiparty, Multiforum Trial Jurisdiction Act of 2002 By James E. Pfander February 2003 On November 2, 2002, President Bush signed into law the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Recovery of evidence deposition and transcription costs: An update By Michael J. Marovich November 2003 In Vicencio v. Lincoln-Way Builders, Inc, 204 Ill.2d 295, 789 N.E.2d 290 (2003), the Illinois Supreme Court resolved a split in the lower courts as to whether a plaintiff may recover as taxable costs the professional appearance fees of a treating physician.
Revisiting the insurer’s duty to settle: Haddick v. Valor Insurance By Susan M. Witt March 2003 The Illinois Supreme Court has addressed the question of when an insurer's duty to settle arises.
A summary on summary judgment By Patrick M. Kinnally January 2003 Section 5/2-1005(c) of the Illinois Compiled Statutes states that summary judgment "shall be rendered without delay if the pleadings, depositions and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
Witnesses, statements and depositions By Patrick M. Kinnally September 2003 I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.