Illinois Bar Journal

Lincoln Award Writing Contest Winners

General and Boilerplate Objections: Curbing Routine Abuse of the Discovery Process

By Gregory R. Jones
February
2019
Article
Page 24
The impropriety of general and boilerplate objections; and, recommendations and potential solutions for curtailing them.

Who Can Receive Service for a Corporate Defendant?

By Jake Crabbs
February
2018
Article
Page 26
The Illinois Code of Civil Procedure allows for service of process on "any agent" of a corporate defendant. But for plaintiffs, determining which employees are "agents" is not as simple as it may seem.

Discharging Student Loans in Bankruptcy: Yes, it Can Be Done

By Joshua Gross
February
2017
Article
Page 26
Student loans, unlike most debts, are nondischargeable unless you meet the stringent "undue hardship" test. But debtors with the right evidence and characteristics can get their loans discharged.

Representing Clients Under the New Illinois Pregnancy Accommodation Act

By Jennifer Purcell
February
2016
Article
Page 26
An overview of the groundbreaking Illinois Pregnancy Accommodation Act and what it means for employers and employees.

A Guide to the Loss of Chance Doctrine in Illinois

By Jason L. Hortenstine
February
2015
Article
Page 26
This overview of the loss of chance doctrine discusses applicable IPI Instructions, looks at recent precedent, and offers practice tips.

Collateral Consequence Considerations for Illinois Practitioners after Padilla v. Kentucky

By Angela Rollins
February
2014
Article
Page 76
Deportation isn't the only important collateral consequence of pleading guilty that looms for Illinois lawyers and their clients. Here's a look at the evolving law.

Arguing Witness Credibility at Closing After People v. Adams

By Jill Ausdenmoore
February
2013
Article
Page 92
In Adams, the Illinois Supreme Court reemphasized that prosecutors' commentary on witness credibility at closing must be based on the evidence.

The “Cat’s Paw” Theory in Illinois after Staub

By Alexandra Lee Newman & Yelena Shagall
February
2012
Article
Page 88
In Staub, the Supreme Court expanded the "cat's paw" theory, which holds that an unbiased decisionmaker can be liable for employment discrimination. The article looks at what the decision means for Illinois practitioners.

Exposing Immigration Bias During Voir Dire

By David Holland & Gil Lenz
February
2011
Article
Page 82
Courts should allow questioning of prospective jurors on immigration-related bias, the authors say. They also suggest questions that can expose immigrant bias during jury selection.

Voir Dire in Criminal Cases - Rule 431(b) Guidance for Lawyers and Judges

By Geoffrey Burkhart
February
2010
Article
Page 86
A supreme court rule requires judges to ask potential jurors whether they understand and accept four fundamental principles of criminal law. But following the rule is easier said than done.

Illinois Zoning Law Six Years after Klaeren

By George L. Schoenbeck
February
2009
Article
Page 84
Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.

Pleading in the Seventh Circuit after Bell Atlantic : “Fact,” “Notice,” or Otherwise?

By Nathan T. Kipp
February
2008
Article
Page 82
In Bell Atlantic, the U.S. Supreme Court announced a new federal pleading standard. But its impact on federal pleading practice in Illinois is unclear.

Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S.

By Roman J. Seckel
February
2007
Article
Page 90
The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.

The New Illinois Standard for Admissibility of Expert Opinion Testimony

By Justin Lee Heather
February
2006
Article
Page 88
The court in Simons created a dual standard: de novo review of the Frye "general acceptance" test, more deferential treatment of the trial court's decision about relevance and experts' qualifications.

Recent Miranda Rulings Complicate an Already Complex Standard

By Kerry J. Bryson
February
2005
Article
Page 76
Last year, the US. and Illinois Supreme Courts issued Miranda opinions – and the issue remains as confusing as ever.

Demystifying the USA PATRIOT Act

By William F. Zieske
February
2004
Article
Page 82
Have you wondered what this massive, controversial Act is really all about? Here's a summary and review.

The Supreme Court Endorses the Right to Second Opinions for HMO Participants

By Travis J. Ketterman
February
2003
Article
Page 66
In Rush Prudential HMO v Moran, the Court rejected an HMO's attempt to void the Illinois HMO Act based on ERISA preemption.

Privacy Versus Cyber-Age Police Investigation; The Fourth Amendment in Flux

By Michele M. Jochner
February
2002
Article
Page 70
In last term's Kyllo decision, the Supreme Court restricted police power to use sense-enhancing technology. Here's an analysis of the decision and its implications.

The Expanding Scope of HMO Liability in Illinois

By Michelle M. Jochner
February
2001
Article
Page 64
A review of three groundbreaking HMO liability cases that change the landscape of medical malpractice litigation.

The Cautious Interplay Between Trademarks and Internet Domain Name

By Aaron W. Brooks
February
2000
Article
Page 74
Find out what to do when your client’s trademark has been registered as someone else’s domain name.

The U.S. Supreme Court Expands Excessive Fines Clause Protection in Austin and Bajakajian

By Michele M. Jochner
February
1999
Article
Page 78
These two rulings give practitioners new ammunition with which to challenge civil and administrative fines and sanctions.

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