Publications

Articles on Civil Practice

Goodbye to the “Conspiracy” Theory of Personal Jurisdiction?

By Stephen A. Wood and James M. Reiland
January
2011
Article
Page 28
Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?

Non-identical Twins: The Illinois and Federal Rules of Evidence

By Professor Jeffrey A. Parness
December
2010
Column
Page 642
Important differences between the two limit the persuasive power of federal precedents in Illinois.

The preclusive effect of summary suspension hearings in subsequent adjudication

December
2010
Illinois Law Update
Page 616
On 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.

Web Auction Sales and Long-Arm Jurisdiction

By Professor Jeffrey A. Parness
September
2010
Column
Page 486
A court rules that an Illinois eBay buyer could not hale a California seller into court in Illinois.

Can you cite to unpublished opinions?

By Helen W. Gunnarsson
June
2010
LawPulse
Page 286
In Illinois state court, no. In Illinois-based federal district courts, yes.

Judicial Versus Legislative Authority after Lebron

By Professor Jeffrey A. Parness
June
2010
Column
Page 324
The med-mal caps ruling continues the age-old battle over separation of powers.

Prior sexual activity or reputation evidence generally not admissible in civil trials. PA 096-0307

May
2010
Illinois Law Update
Page 236
New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.

Red Light Cameras: Innocent But Guilty

By Professor Jeffrey A. Parness
March
2010
Column
Page 158
Learn about the losing battle to challenge automated traffic enforcement.

Amended CCP section 13-202.2(b) cannot be applied retroactively to resuscitate previously barred claims

February
2010
Illinois Law Update
Page 72
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

Nonlawyers in Administrative Adjudications

By Professor Jeffrey A. Parness
December
2009
Column
Page 636
Nonlawyers can represent an employer in administrative proceedings before the IDES.

An order to dissolve a preliminary injunction constitutes a legal conclusion that the preliminary injunction was wrongfully issued

November
2009
Illinois Law Update
Page 552
On September 9, 2009, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Sangamon County and remanded with direction. 

Although a trial court’s failure to rule on a motion in limine may constitute an abuse of discretion, a harmless error will not overturn a ruling.

October
2009
Illinois Law Update
Page 496
On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.  

The Overlooked Art of Redirect Examination

By Jeffrey J. Kroll and Patrick White
August
2009
Article
Page 406
Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.

The Admissibility of Other Misconduct in Civil Cases

By Michael J. Polelle
July
2009
Article
Page 364
As a rule, character evidence is inadmissible in civil cases even if proved circumstantially. Here are two exceptions to the rule.

Making evidence meaningful

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.

Postjudgement Sanctions: Do Trial Courts Have Too Little Power?

By Professor Jeffrey A. Parness
June
2009
Column
Page 314
Illinois judges should be free to impose sanctions for misconduct after final judgement and on behalf of nonparties if the facts warrant.

Foreclosure defense a practice option real estate lawyers

By Helen W. Gunnarsson
May
2009
LawPulse
Page 220
Representing foreclosed-on homeowners might be a way for real estate lawyers to pick up slack left by the weak economy.

The Power Behind the Robe: A Primer on Contempt Law

By Timothy L. Bertschy and Nathaniel E. Strickler
May
2009
Article
Page 246
The power of contempt is a confusing mix of civil and criminal law concepts overlaid with constitutional implications. Here's a review.

Asked and Answered

April
2009
Column
Page 204
When does a client have to appear?

Code of Civil Procedure provides another opportunity to file an action

April
2009
Illinois Law Update
Page 174
On January 29, 2009, the Illinois Appellate Court, First District, reversed and remanded the decision of the Circuit Court of Cook County ruling the third-party com plaint untimely under section 13-204 of the Illinois Code of Civil Procedure (735 ILCS 5/13-204 (2006)).

Mailbox rule only applies to items posted using the United States Postal Service

April
2009
Illinois Law Update
Page 174
On February 4, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lake County ruling the defendant's post judgment motion to vacate untimely and dismissing the appeal because the mailbox rule does not apply to private mail carriers.

Rules committee hears criminal law, family law, civil practice proposals

By Helen W. Gunnarsson
April
2009
LawPulse
Page 168
The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.

The importance of timely service

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
Thanks to an amendment to supreme court rule 103(b), plaintiffs who haven’t been otherwise diligent in moving a case along must be especially diligent in obtaining service.

Pleading Civil Rights Claims

By Professor Jeffrey A. Parness
March
2009
Column
Page 156
The challenges civil-rights claimants face in choosing a forum, shaping their pleadings, and more.

Secretary of State has no duty to sign and affix the state seal to certificate of appointment

March
2009
Illinois Law Update
Page 122
On January 9, 2009, the Illinois Supreme Court denied an original action for mandamus holding “that section 5(1) of the Secretary of State Act (15 ILCS 305/5(1) (West 2006)) is inapplicable to the Burris appointment, and that no further action is required by any officer of this state to make the appointment valid.”

Settlements: The Limits of Same-Case Enforcement

By Professor Jeffrey A. Parness
December
2008
Column
Page 642
 Lessons from the A and A case.

Code of Civil Procedure amended. PA 095-0831

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.

Judicial Review of Administrative Decisions: A Step-by-Step Guide

By Thomas M. Battista
October
2008
Article
Page 516
An agency rules against your client and you want a court to review the decision. What's the next step? This article explains.

So You Want to Be a Personal Injury Lawyer?

By Helen W. Gunnarsson
October
2008
Article
Page 508
How do you break into p.i. practice? Successful practitioners offer advice.

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