Publications

Articles on Civil Practice

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.

Supreme court delays Rule 138 personal identity information provisions

By Adam W. Lasker
August
2013
LawPulse
Page 386
The supreme court delayed rule changes on personal identity information that some family law practitioners worry will force them to choose between the rule and conflicting statutes.

Managing Discovery of Electronically Stored Information in Illinois

By Professor Jeffrey A. Parness
June
2013
Column
Page 316
While other jurisdictions address discovery challenges posed by ESI, Illinois has yet to act.

Service by publication on adjudicated disabled person violates due process

June
2013
Illinois Law Update
Page 284
On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.

Judgment and memorandum of judgment expire simultaneously

May
2013
Illinois Law Update
Page 228
On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.

Developments in the Duty to Preserve Evidence

By Professor Jeffrey A. Parness
March
2013
Column
Page 152
Two recent cases shed light on spoliation claims in Illinois.

Supreme court bars state court suit based on res judicata

March
2013
Illinois Law Update
Page 124
On 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.

Supreme court makes e-service voluntary, not mandatory

By Adam W. Lasker
March
2013
LawPulse
Page 118
The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.

The Too-Expansive Illinois General Verdict Rule

By J. Timothy Eaton, Michael W. Rathsack, and Michael T. Reagan
March
2013
Article
Page 142
More 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.

Another Limit on Refiling Voluntarily Dismissed Cases

By Professor Jeffrey A. Parness
September
2012
Column
Page 498
The first district rules that judicial estoppel can be a bar to refiling.

Court clarifies affidavit requirements for service of process by publication

July
2012
Illinois Law Update
Page 352
On May 9, 2012, the first district appellate court held that affidavits phrased in the passive voice that failed to identify the individuals who attempted to serve process did not satisfy the requirements for service of process by publication.

Voluntary Dismissal: The Hudson Doctrine Four Years Later

By Anne M. Skrodzki
June
2012
Article
Page 302
In 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 Law

By Hon. Ron Spears
May
2012
Column
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. Classen
February
2012
Article
Page 94
Under 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 Media

By Richard L. Miller II
January
2012
Article
Page 42
A 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 proceeding

August
2011
Illinois Law Update
Page 388
Service 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.

The Limits on Legislative Power to Withhold Subject Matter Jurisdiction

By Professor Jeffrey A. Parness
June
2011
Column
Page 316
The supreme court underscores the limits on the power to decide which cases courts can hear.

Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff

By Christopher B. Lega
May
2011
Article
Page 250
Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.

What judges want

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

The Power of Pre-Suit Discovery: Supreme Court Rule 224

By Timothy J. Harris
March
2011
Article
Page 136
Pre-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.

Process servers may be refused entry into correctional institutions and jails. PA 096-1451

March
2011
Illinois Law Update
Page 124
Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.

Vailas: An Ill-Conceived Limit on Modifying Child Support Orders

By Professor Jeffrey A. Parness
March
2011
Column
Page 160
While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.

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