Publications

Illinois Bar Journal

 

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Articles on Civil Practice

Study: Court fees and costs are too high, rising too fast By Matthew Hector December 2016 LawPulse, Page 10 Filing fees and court costs are rising faster than inflation and having a disproportionate impact on the poor, according to a study commissioned by the Illinois General Assembly.
Challenging Judgments After 30 Days: How to Seek 2-1401 Relief By Ken Stalkfleet November 2016 Article, Page 42 Section 2-1401 of the Code of Civil Procedure provides the way to overturn a judgment later than 30 days after its entry. This article reviews the various 2-1401 challenges and their requirements.
Courts Sanction Sovereign Citizens - and Lawyers - for Frivolous Appeals By Natalie Burris November 2016 Article, Page 36 You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.
Illinois Supreme Court overturns six-person-jury statute By Matthew Hector November 2016 LawPulse, Page 12 The high court ruled that the Illinois Constitution guarantees the right to a 12-person jury.
Possession of small amounts of cannabis now civil offense October 2016 Illinois Law Update, Page 18 The Cannabis Control Act has been amended to provide lesser punishments for possession of small amounts of cannabis.
Court of Claims moves to streamline procedures August 2016 Illinois Law Update, Page 18 The Illinois Court of Claims adopted amendments to Court of Claims Regulations that improve its procedures for handling monetary or property claims against the State. 74 Ill. Adm. Code 790. (eff. Apr. 29, 2016).
Using Class Actions for Credit Card Data Theft By Richard L. Miller and Stephen C. Jarvis August 2016 Article, Page 42 A recent seventh circuit case finds that the risk of eventual damage from a data breach is injury enough to give standing to bring a class action.
Pleading Lack of Knowledge: Not a Denial Under Illinois Law By Edward S. Margolis July 2016 Article, Page 44 Practitioners and judges should be aware that pleading lack of knowledge in response to an allegation in a civil case is not a denial and should not be treated as one in subsequent pleadings.
From the Newsletters - Thinking of representing an Illinoisan in an out-of-state accident? Think again June 2016 Article, Page 45 Differences in state law can make a routine case anything but.
Discovering a Defendant’s Identity: The Evolution of Rule 224 By Kimberly Glasford April 2016 Article, Page 28 For plaintiffs who need to identify defendants before suing for damages - or, perhaps, hope to "out" or shame them - Illinois Supreme Court Rule 224 can be an option. But despite a few decisions interpreting the rule, the law remains uncertain.
Declining court caseloads reflect societal, other changes By Matthew Hector March 2016 LawPulse, Page 20 Civil court dockets shrank by 25 percent from 2010 to 2014. What's causing the decline?
Mandatory E-Filing Is Coming By Ed Finkel March 2016 Article, Page 30 Effective January 1, 2018, electronic filing will be mandatory in all 102 counties in Illinois. How will it work? Attorneys and judges share their hopes and concerns.
From the Discussions February 2016 Article, Page 32 Should I call one of the kids to testify in a custody case? Can a lawyer contact the opposing party’s family? Can my client get an extension of time to complete traffic school?
Trial court strikes down six-person jury law By Matthew Hector February 2016 LawPulse, Page 12 A Cook County judge rules that the Illinois Constitution guarantees a right to a 12-person jury.
DuPage launches mandatory e-filing By Matthew Hector January 2016 LawPulse, Page 12 Effective January 1, DuPage County will be the first Illinois circuit court to require electronic filing for all new civil cases and any new filings in existing cases.
New Realities of Civil Practice: Economics, Ethics and Innovation By Jeffrey A. Parness December 2015 Column, Page 40 The 2015 Allerton House Conference looked at topics ranging from the law school debt crisis to the impact of LegalZoom.
Cross-Motions for Summary Judgment: Be Careful What You Concede By Michael M. Conway and Lauren M. Loew November 2015 Article, Page 42 Plaintiffs and defendants often file competing cross-motions for summary judgment. But in Illinois, unlike in federal court, those motions may be taken as a concession that no issue of material fact exists.
Litigation about litigation: Barred by absolute attorney litigation privilege November 2015 Illinois Law Update, Page 20 On July 8, 2015, the first district affirmed dismissal of the O'Callaghans' complaint against Satherlie and Kopka as barred by the absolute attorney litigation privilege.
Representative Durkin proposes changes to the Illinois Code of Civil Procedure October 2015 Illinois Law Update, Page 18 On July 8, 2015, Representative Durkin proposed changes to Illinois's rules on venue, jury instructions, joint liability, and recovery for medical expenses.
New law makes it easier for non-Illinoisans to serve subpoenas in Illinois By Matthew Hector September 2015 LawPulse, Page 12 By minimizing the need to appear in front of Illinois courts, the Uniform Interstate Depositions and Discovery Act reduces the complexity and cost of litigating across state lines.
Restoring Lost Jurisdiction: The Revestment Doctrine By Kimberly Glasford September 2015 Article, Page 42 The revestment doctrine allows parties to revest a circuit court with jurisdiction lost with the passage of time. Learn how you can use it to your strategic advantage.
Uniform Interstate Deposition and Discovery Act provides subpoena procedures for litigation pending in foreign jurisdictions August 2015 Illinois Law Update, Page 16 The Uniform Interstate Deposition and Discovery Act will establish uniform procedures to obtain an Illinois subpoena for litigation pending in a foreign (out of state) jurisdiction.
Court reaffirms that inherent authority is no longer grounds for voidness July 2015 Illinois Law Update, Page 18 On May 1, 2015, the First District Appellate Court affirmed a dismissal of a section 2-1401 petition for untimeliness.
Relation back applies to amended complaint that substitutes proper special administrator for improperly appointed one July 2015 Illinois Law Update, Page 18 On April 28, 2015, the Second District Appellate Court held that the relation back doctrine applies when a wrongful death complaint is timely filed by an improperly appointed special administrator, and an amended complaint substitutes the proper administrator as plaintiff after the limitation period has run.
Once Cheated, Twice Shy: Using Prejudgment Attachment to Help Your Defrauded Client Recover By Patrick M. Kinnally June 2015 Article, Page 36 If your client is a victim of fraud and the tortfeasor has assets in Illinois, prejudgment attachment can be a way to stop the defendant from dissipating assets before you win your case.
‘Investing’ in Litigation By Hon. Ron Spears May 2015 Column, Page 46 The rapid growth of litigation funding raises a host of issues.
Parties may no longer demand a jury of 12 May 2015 Illinois Law Update, Page 16 The Code of Civil Procedure has been amended to restrict the number of jurors a party can demand in a civil jury trial.
Oral rulings are not final judgments for purposes of time limit for appeals April 2015 Illinois Law Update, Page 16 On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.
Requests to Admit Facts – or Opinions? By Hon. William E. Gomolinski April 2015 Article, Page 40 Some appellate rulings on Rule 216 requests to admit facts require defendants to answer questions about whether medical bills are reasonable. That exceeds the rule's scope, the author argues.
Is the switch to six-person juries constitutional? By Matthew Hector March 2015 LawPulse, Page 14 The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.