The newsletter of the ISBA’s Section on Civil Practice & Procedure
Browse articles by year: 2014 (33)
Newsletter articles from 2011
Admitting a party’s discovery deposition
A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
E-discovery: Not as easy as it may sound
What exactly is electronic discovery? Can this help attorneys and their clients? What if the attorney or party makes a mistake and sends out confidential information inadvertently? Can that be retrieved?
Information of Note
ISBA updates of interest to members of the Civil Practice & Procedure Section.
Internet scams & client trust accounts
In this global financial marketplace, it is not unusual for commercial lawyers to never meet their international clients in person. This has resulted in fertile ground for fraud.
Intrusion upon seclusion: A new tort?
Notwithstanding the lack of endorsement or approval from the Illinois Supreme Court, there is sufficient Appellate Court approval for intrusion upon seclusion in Illinois.
The lien epic: Don’t lose your attorney’s lien
If we follow the rules as to attorney fee liens we possess, much like all the other lien claimants might have, we can make the final disposition of the litigation a lot more certain.
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first
In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
The preclusive effect of res judicata rulings
A look at Williams, et al. v. Ingalls Memorial Hospital, et al., which addressed the res judicata effect of the dismissals of certain claims in an original lawsuit when voluntary dismissals of said claims were later taken and a second lawsuit re-filed
Sanctions and spoliation
Knowing the potential and most frequently used sanctions may assist counsel in evaluating what steps to take when faced with the loss or destruction of evidence.
Trial court subject matter jurisdiction
The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.