The newsletter of the ISBA’s Section on Civil Practice & Procedure
Browse articles by year: 2013 (31)
Newsletter articles from 2012
Can we e-file a notice of appeal
On April 16, 2012, the Second District in VC&M, LTD v. Andrews, held that an e-filed notice of appeal from DuPage County was ineffective to confer jurisdiction upon the Appellate Court.
Confidential settlements vs. non-settling defendants’ right to know
A look into the current approach taken by litigants and various Illinois courts in balancing the confidentiality clauses of settlement agreements and the remaining defendants' desire to obtain information regarding possible setoffs that they may be entitled to prior to trial or a preliminary pre-trial conference.
Does your claim allege educational malpractice?
Does an injured person have a cognizable claim for negligence against a former teacher for an injury occurring after instruction that the injured person claims can be traced to poor teaching?
False and fictitious names in pleadings: How much does it matter?
The recent opinion of Rogasciano Santiago, a/k/a Juan Ortiz v. E. W. Bliss Company sheds some light, albeit little, on what we, as attorneys, must do when our clients fabricate their own identity, and then use that identity when filing litigation in our state trial courts.
Foreclosure of claims: The Doctrine of Judicial Estoppel
As practitioners, we must be mindful of the fact that inconsistency by our clients in prior and subsequent litigation before a trial court or a quasi-judicial tribunal may lead to the loss of consideration of a right to recovery on its merits.
It was a gift, not a loan—Prove it!
This article largely references the 4th District Appellate case of Barnes v. Michalski, in which Justice Appleton provided an exhaustive, informative and well-written analysis of Illinois law on presumptions of money transfers, burdens of proof, the statute of frauds and other issues.
Jurisdiction of Illinois courts based on Internet content without Zippo
In recent years, courts have returned to a more traditional analysis to determine whether personal jurisdiction exists in Internet-related cases. The United States Supreme Court Calder v. Jones case in 1984 crafted the “effects” test, which would become the blueprint for contemporary Internet jurisdiction analysis in much of the United States and in Illinois, specifically.
Lessons of Tunca v. Painter
The court opinion in Tunca v. Painter provides an important reminder of the importance of preserving the record and dismissed counts in cases where appellate review is sought.
Parenthood in civil cases
Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
A promise to pay expenses is inadmissible to prove liability
The holding in Lambert v. Coonrod means that even if the defendant makes a statement about his or her willingness to pay expenses arising out of an injury while liability is still being disputed, the plaintiff’s attorney cannot use this statement in court as an admission for the purpose of proving liability.
Railroad owed no duty to child trespasser
Along with playing with fire, drowning in water, and falling from heights, Illinois has now added moving trains to the list of obvious dangers that children should realize.