Illinois Bar Journal

Articles on Civil Practice

Defendant physician and counsel coming to the aid of ill juror not grounds for a mistrial 

March
2020
Illinois Law Update
Page 20
On Dec. 24, 2019, the First District Appellate Court affirmed the trial court’s denial of a mistrial in a medical malpractice case for negligence, finding that the court did not abuse its discretion.

Sole Proximate Cause(s)

December
2019
Article
Page 15
A schism is brewing in the First District of Illinois over the definition of the word “sole” in “sole proximate cause.”

No publication requirement for name change to maiden name

November
2019
Illinois Law Update
Page 14
The Illinois General Assembly amended the Code of Civil Procedure regarding the requirement of publication notice in a newspaper for certain individuals applying for a name change.

Don’t Overlook Hudson: Still a Seminal Case 11 Years Later

By Adam Ernette
August
2019
Article
Page 42
A state-of-the-law analysis regarding res judicata and the rule against claim-splitting for attorneys considering taking a voluntary dismissal.

Responding to Affirmative Defenses

By Jake Crabbs
July
2019
Article
Page 34
Pleadings often set off a flurry of motions. But what motions, if any, are best employed in response to affirmative defenses?

GE May Bring Good Things to Life, but It Does Not Bring Personal Jurisdiction in Illinois

By Eric J. Muñoz
April
2019
Article
Page 40
Attorneys would be well-served to appreciate the implications of an important legal trend in personal jurisdiction caselaw and be prepared to incorporate these developments into their practice.

Objective, professional standard imposed for special interrogatories

March
2019
Illinois Law Update
Page 20
On Dec. 28, 2018, the plaintiff filed a wrongful-death and survival action against a social worker and her employer hospital, alleging negligent care led to his father's death by suicide six days after the social worker visited him.

Cases dismissed for failure to state a cause of action should not be awarded attorney fees under anti-SLAPP statute

February
2019
Illinois Law Update
Page 14
A condominium association's board sued the property's owner seeking declaratory judgment regarding a parking-place lease.

Petition to intervene in employer subrogation action dismissed for res judicata

February
2019
Illinois Law Update
Page 14
The plaintiff was injured at work due to alleged negligence of third parties. The plaintiff then filed a successful claim for workers' compensation benefits.

Sworn pleadings, affidavits, or other documents no longer required

December
2018
Illinois Law Update
Page 14
The Code of Civil Procedure is amended to no longer require pleadings, affidavits, or other documents filed in any court of Illinois to be sworn before an authorized person as long as it is certified in accordance with section 1-109's verification by certification requirements.

Date for tolling limitations period under the Illinois Code of Civil Procedure not determined as a matter of law

September
2018
Illinois Law Update
Page 16
On May 29, 2018, the Third District Appellate Court of Illinois denied a defendant's motion to dismiss for noncompliance with the Illinois Code of Civil Procedure's section 205, stating timely requirements and untimely limitations.

Don’t Go There…Yet

By Christopher Keleher
September
2018
Article
Page 36
Default judgments and dismissals with prejudice should only result from persistent misconduct and after less onerous enforcement options and warnings have failed.

Who Can Receive Service for a Corporate Defendant?

By Jake Crabbs
February
2018
Article
Page 26
The Illinois Code of Civil Procedure allows for service of process on "any agent" of a corporate defendant. But for plaintiffs, determining which employees are "agents" is not as simple as it may seem.

The denial of a motion to dismiss is not appealable following entry of a separate final judgment terminating the litigation

November
2017
Illinois Law Update
Page 20
The Illinois Appellate Court held that a section 2-619 motion to dismiss is not appealable following the entry of a subsequent final order terminating the litigation.

Email service - it’s the law

By Matthew Hector
October
2017
LawPulse
Page 12
Heads up, lawyers and judges - effective last July, email service is required and service by fax is dead.

The Pro Se Revolution

By Ed Finkel
October
2017
Cover Story
Page 22
Cases involving at least one self-represented litigant make up most of the civil docket outside Cook County. What does the mean for courts and lawyers in Illinois?

Dismissal with prejudice for Rule 137 violation requires specific finding that lesser penalties do not suffice

June
2017
Illinois Law Update
Page 18
The first appellate district upheld a violation of Illinois Supreme Court Rule 137 and remanded for further proceedings to determine whether dismissal with prejudice was the appropriate sanction.

Filing fees levied by Cook County Circuit Court Clerk deemed unauthorized

June
2017
Illinois Law Update
Page 18
Plaintiffs successfully challenged the Cook County Circuit Court Clerk's interpretation of 705 ILCS 105/27.2a(g)(2) after being charged filing fees when petitioning to vacate a dismissal for want of prosecution.

When ‘Opposing Counsel’ is a Pro Se Plaintiff

By Amy L. Friederich
May
2017
Article
Page 24
Defending a client against a pro se plaintiff is easy, right? In fact, these cases have their own set of challenges and shouldn't be taken lightly. Here are some strategies for dealing with them.

Act reducing size of civil juries from twelve to six is facially unconstitutional and invalid

February
2017
Illinois Law Update
Page 20
The Illinois Supreme Court held that Public Act 98-1132, which limits the size of a civil jury to six people and increases the amount paid per day to jurors, is facially unconstitutional.

From the Newsletters - Yes, You Have to Accept Service by Email

January
2017
Article
Page 46
Mandatory acceptance of email service is here, so it's time to start thinking about how to manage email traffic and which file formats are best for email service.

Let’s Get Rid of Rule 23 Orders

By Morris Lane Harvey
January
2017
Article
Page 30
With the public domain citation system firmly in place in Illinois, there is no reason for Rule 23(e) nonprecedential, noncitable orders to exist – and plenty of reasons for them to go.

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 & 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.

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