Illinois Bar Journal


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Articles on Civil Practice

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.
Depositions of Gravely Ill Illinois Claimants By Professor Jeffrey A. Parness September 2008 Column, Page 476  A majority in Berry found that while the trial court ruled correctly the system failed.
Trial-Practice Don’ts By Matthew R. Crimmins July 2008 Article, Page 360 Don't promise the jury more than you can deliver, don't make inflammatory arguments, and more "don'ts" for litigation.
Hudson: New Limits on a Plaintiff’s Right to Refile a Voluntarily Dismissed Case By Ross B. Edwards June 2008 Article, Page 294 A controversial new case from the Illinois Supreme Court bars the refiling of a voluntarily dismissed claim when a partially dispositive motion has been granted.
Residents Suing Nonresidents for Harm in Illinois By Professor Jeffrey A. Parness June 2008 Column, Page 318 Two recent appellate cases limit the power to sue nonresidents.
Tapping Agency Expertise: The Doctrine of Primary Jurisdiction By James W. Hilliard May 2008 Article, Page 256 Courts use the doctrine to refer an issue to an administrative agency for expert determination. Here's how it works in Illinois.
Refiled Claims: It’s Notice, Not Service By Professor Jeffrey A. Parness March 2008 Column, Page 152 Voluntary dismissals need only be noticed to defendants in the second suit.
Attorney Mistakes, Client Losses: New Visions After Vision Point By Professor Jeffrey A. Parness December 2007 Column, Page 664 Courts should grant extensions for “good cause” failures to comply. So what’s “good cause”?
Sanctioning Firms for Frivolous Filings By Professor Jeffrey A. Parness September 2007 Column, Page 490 Courts should allow sanctions against firms for lawyers' misconduct.
A Higher bar for Class Action Litigation in Illinois By Justin Lee Heather July 2007 Article, Page 356 A look at the Illinois Supreme Court's recent Avery and Gridley decisions and their dampening impact on class lawsuits.