The newsletter of the ISBA’s Section on Civil Practice & Procedure
Browse articles by year: 2013 (31)
Newsletter articles from 2013
Court upholds use of absent witness’ discovery deposition
In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Does an affidavit really prove a privilege?
Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
Failure to follow local e-filing rule not fatal to appeal
In VC&M, Ltd. v. Andrews, the Illinois Supreme Court held that a plaintiff’s motion to reconsider a judgment against it, as well as a subsequent notice of appeal from that judgment, were not nullities even though those documents were filed electronically in contravention of applicable local rules.
Follow-up on September article
A reader's comments on the article, "Does an Affidavit Really Prove a Privilege,” and reaction to those comments from the article's author.
New Illinois Evidence Rule 502
Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
No duty to preserve evidence in negligent spoliation case
A discussion of the Illinois Supreme Court’s reasoning and impact of the recent case of Martin v. Keeley & Sons, Inc., where the Court held that the defendants had no duty to preserve the physical evidence, a concrete I-beam that fell and injured several employees during a bridge collapse.
No strict liability under the Illinois Animal Control Act
In Hayes v. Adams, the Second District analyzed whether a dog owner who is not in actual possession or control of their dog at the time the dog bites and injures someone can be liable to the injured person under the Illinois Animal Control Act.
Non-residents’ streams of conduct and personal jurisdiction
The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
What are “allowable costs” in trial practice—2013
In his article published over a decade ago (and reprinted in this issue), the author argued that our trial judges and trial lawyers needed a rule that actually reflected what costs were allowable in trials and summary judgment motions litigation in state court. The currency of that argument abides today.