Supreme court bars state court suit based on res judicataMarch 2013Illinois Law Update, Page 124On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.
The Too-Expansive Illinois General Verdict RuleBy J. Timothy Eaton, Michael W. Rathsack, and Michael T. ReaganMarch 2013Article, Page 142More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
Voluntary Dismissal: The Hudson Doctrine Four Years LaterBy Anne M. SkrodzkiJune 2012Article, Page 302In Hudson v. City of Chicago, the Illinois Supreme Court held that the res judicata doctrine limits a plaintiff’s ability to refile a voluntarily dismissed claim after the involuntary dismissal of an earlier claim. So when can a voluntary claim be refiled?
A Bricoleur’s Response to Murphy’s LawBy Hon. Ron SpearsMay 2012Column, Page 270"Bricolage" is the art of creating a solution using whatever is available. It's an art litigators would do well to cultivate.
The Revestment Doctrine: Alive and Well or On Its Last Legs?By Kristopher N. ClassenFebruary 2012Article, Page 94Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.
The Dangers of Litigating in the MediaBy Richard L. Miller, IIJanuary 2012Article, Page 42A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.
Service by publication insufficient for eminent domain proceedingAugust 2011Illinois Law Update, Page 388Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.
What judges wantBy Helen W. GunnarssonApril 2011LawPulse, Page 174You'll make your judge happy - or at least less unhappy - if you learn some of the unwritten rules that vary by type of case presented and by region.
The Power of Pre-Suit Discovery: Supreme Court Rule 224By Timothy J. HarrisMarch 2011Article, Page 136Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.
The preclusive effect of summary suspension hearings in subsequent adjudicationDecember 2010Illinois Law Update, Page 616On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
Can you stay a federal appellate court ruling while your petition for cert is pending?By Helen W. GunnarssonOctober 2010LawPulse, Page 502Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted.
You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
The Overlooked Art of Redirect ExaminationBy Jeffrey J. Kroll and Patrick WhiteAugust 2009Article, Page 406Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.