The newsletter of the ISBA’s Section on Civil Practice & Procedure
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Newsletter articles from 2003
Beware of the pitfalls of Supreme Court Rule 216
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
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
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.
Limitations on witness interviews
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
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
Recovery of evidence deposition and transcription costs: An update
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.
A summary on summary judgment
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
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.