Publications

Articles on Civil Practice

Notice may be provided electronically and by traditional mail

January
2015
Illinois Law Update
Page 16
As a result of amendments to the Self-Service Storage Facility Act, any notice made is presumed to have been delivered if it was either:

Why You Probably Can’t Subpoena Email from Google in Your Civil Case

January
2015
Column
Page 43
But you might be able to get it directly from the party.

Applying the Illinois Construction Statute of Repose to Asbestos Litigation

By Cameron Turner and Jaime Bennett
December
2014
Article
Page 592
The Illinois construction statute of repose can be an effective defense in asbestos cases. This article shows how to use or challenge it.

Jury demand in original complaint transfers to third-party claims assigned to the original plaintiff

November
2014
Illinois Law Update
Page 524
On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.

Collecting from Third-Party Personal Injury Defendants after Ponto

By Stephen E. Balogh
October
2014
Article
Page 498
Ponto holds that a plaintiff who has not sued a third-party defendant directly has no right to collect from it directly - even if the third party defendant is more than 25 percent at fault.

The incredible, unciteable Rule 23 order

By Matthew Hector
October
2014
LawPulse
Page 466
Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?

New Rules for Discovery of Electronically Stored Information

By Gabriel Reilly-Bates, Richard Y. Hu, and Claire E. Brennan
October
2014
Article
Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.

Time-limited settlement offer does not moot class representative’s claims

October
2014
Illinois Law Update
Page 472
On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.

Attorneys owe a duty to non-client beneficiaries when distributing funds recovered in wrongful death actions

September
2014
Illinois Law Update
Page 424
On June 19, 2014, the Illinois Supreme Court held that attorneys owe a duty to non-client beneficiaries of a wrongful death claim when damages are distributed.

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

E-discovery rule changes allow format choice, prevent abuse

By Matthew Hector
August
2014
LawPulse
Page 366
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.

Only actual conflicts between state laws require choice-of-law determinations

August
2014
Illinois Law Update
Page 372
On May 22, 2014, the Illinois Supreme Court held that a choice-of-law determination is required only if there is an actual conflict between state laws.

Using a Police Report to Help Prove Your Civil Case

By James P. Looby
August
2014
Article
Page 390
Under the right circumstances, you can help prove or defend your civil case by using the investigating police officer's report as a past recollection recorded.

Local Counsel in the Digital Age: The Rise of the Coverage Attorney

By Charles R. Wolf
July
2014
Article
Page 328
More law firms are taking cases from far-flung places, and they need local counsel to make court appearances on their behalf. Find out more about this growing source of business.

Pretrial Motions - Are You Getting Them Right?

By Jennifer L. Graham
June
2014
Article
Page 280
Recent appellate opinions and orders show that too many attorneys improperly label and file motions to dismiss and for summary judgment at the trial level. Here's how to get it right.

Waiver of personal jurisdiction by appearance does not apply retroactively

June
2014
Illinois Law Update
Page 272
On March 20, 2014, the Illinois Supreme Court held that waiver of personal jurisdiction by appearance does not apply retroactively to orders entered before the appearance, resolving a conflict in the appellate courts.

Absolute litigation privilege bars a party’s claim arising out of alleged misconduct in prior judicial proceedings

May
2014
Illinois Law Update
Page 220
On February 24, 2014, the First District Appellate Court of Illinois held that the absolute litigation privilege bars claims brought by a plaintiff on the basis of conduct that took place in a prior and separate judicial proceeding.

Offers of Judgment: Federal Rule 68 in Illinois?

By Jessica Livieres, Andrew Cho, and Hon. E. Kenneth Wright Jr.
May
2014
Article
Page 242
This article explores the background and purpose of Federal Rule 68 and how to address its many shortcomings should Illinois adopt a similar offer-of-judgment provision.

A Practical Guide to Injunction Bonds Under Illinois Law

By Justin A. Maleson and R. Douglas Rees
March
2014
Article
Page 138
A party facing an injunction gains leverage by persuading the court to impose a high bond. The plaintiff, on the other hand, wants a low bond or none at all. Here's how to argue both sides.

The Res Judicata Defense to Legal Malpractice Claims

By Zachary J. Freeman
February
2014
Article
Page 80
Res judicata and collateral estoppel can be powerful defenses in litigation malpractice cases, even when the lawyer was not a party to the underlying action. But they aren't without limitations.

Some Supreme Court Rule 138 privacy provisions delayed until 2015

By Janan Hanna
February
2014
LawPulse
Page 62
Effective January 1, the rule keeps personal information like social security numbers out of public civil court files. But a bar on using birthdates and names of minors is put off till next year.

Claim against deceased driver was time barred when the plaintiff failed to substitute the correct party

January
2014
Illinois Law Update
Page 16
On October 18, 2013, the Illinois Supreme Court held that a motorist's claim against the driver in a personal injury action was time-barred after the motorist-plaintiff failed to substitute the personal representative for the deceased driver's estate before the statute of limitations expired.

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute

By Kaitlyn Anne Wild
January
2014
Article
Page 24
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.

“Test the waters” doctrine not an appropriate supplement to substitution-of-judge analysis

November
2013
Illinois Law Update
Page 560
On September 11, 2013, the Fourth District Appellate Court held that orders for scheduling and continuances are not substantial rulings that would allow for the denial of a motion for substitution of a judge as of right.

Limited Scope, Expanded Opportunity

By Ed Finkel
October
2013
Article
Page 508
Recent Illinois Supreme Court rule changes enable lawyers to represent clients in litigation for only a portion of a case. Proponents say that's good for lawyers, clients, and judges.

New citation procedures make enforcing debt-collection judgments easier

By Adam W. Lasker
October
2013
LawPulse
Page 498
A new law reduces the role of sheriffs in collection proceedings and increases the power of courts and practitioners to enforce judgments.

Bill requires timely executed settlement releases in most civil cases

By Adam W. Lasker
September
2013
LawPulse
Page 446
The law helps plaintiffs get timely settlement payments from "substandard" insurance companies, the chair of ISBA's Tort Section says.

Coming soon: Illinois’ first statewide standardized court forms

By Adam W. Lasker
August
2013
LawPulse
Page 386
Illinois is one of a very few states without statewide standardized court forms. That's beginning to change, thanks to the supreme court's Access to Justice Commission.

Electronic Medical Records: Metadata As Evidence in Litigation

By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker
August
2013
Article
Page 422
Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.

New supreme court rules a boon to limited-scope representation

By Adam W. Lasker
August
2013
LawPulse
Page 386
Amended Rules 11, 13, and 137 create business opportunities for lawyers by making it easier to represent clients for part, but not all, of a lawsuit or transaction.

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