Publications

Articles on Trial Practice and Procedure

Proper Review of Improper-Venue Rulings

By Anthony J. Longo
December
2004
Article
Page 638
When should reviewing courts defer to trial court rulings on transfer-of-venue motions? This author offers his analysis.

Overruling Knapp, a “motion for clarification” does not stay the 30-day appeal period

October
2004
Illinois Law Update
Page 514
On July 12, 2004, the Illinois Fourth District Appellate Court dismissed the plaintiff's appeal.

When is “special service” good enough?

By Helen W. Gunnarsson
October
2004
LawPulse
Page 508
How hard must you try to accomplish personal service before you can resort to service by publication? A recent first district case tackles the question.

Voluntary Dismissals in Illinois – a Critical Review

By Markus May
September
2004
Article
Page 484
The author examines the right to non-suit in Illinois and opines that it should be limited.

The Occasional Litigator’s Guide to Making the Most of Pleadings and Motions

By Patrick M. Kinnally
August
2004
Article
Page 414
Did you know you can win a motion but damage your case in the process? Here's advice on using pleadings wisely.

A Practical Guide to Seeking – and Avoiding – Rule 137 Sanctions

By Aldo E. Botti and Carla Labunski
August
2004
Article
Page 408
Your opponent has filed a pleading that you think is frivolous. Is it worth fighting? Read and find out.

Applying the Frye Standard to Expert Testimony; A Guide for Lawyers and Judges

By Hon. Robert J. Steigmann
July
2004
Article
Page 363
Here's an appellate court justice's framework for analyzing Frye issues.

It’s Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois

By Mark E. McNabola
July
2004
Article
Page 344
The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.

Sealing court records: what’s the standard in Illinois?

By Helen W. Gunnarsson
July
2004
LawPulse
Page 334
Surprisingly, no statute or supreme court rule sets forth standards for sealing court records from the public.

Dawdy and the Future of Intrastate Forum Non Conveniens in Illinois

By Jill E. Adams
May
2004
Article
Page 246
In Dawdy, the court ruled that a "forum shopping" paintiff deserves little deference. Will the decision lead to a rise in forum non conveniens litigation?

The Top 10 Ways to Avoid Losing a Motion for Summary Judgment

By Hon. Barbara A. McDonald
March
2004
Article
Page 128
Learn how to improve your odds of winning a summary judgment motion or, as a nonmovant, how to spot flaws in your adversary's argument.

Granting leave to amend a complaint does not constitute a final order, therefore a plaintiff’s right to take a voluntary dismissal is preserved

February
2004
Illinois Law Update
Page 70
On November 20, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts, which denied the plaintiff's motion to voluntarily dismiss count III of a multi-count complaint. 

Motion to vacate judgment is not a new action entitling litigants to a substitution of judge as of right.

January
2004
Illinois Law Update
Page 16
On October 29, 2003, the Appellate Court of Illinois, Fifth District, affirmed the judgment of the Circuit Court of Fayette County denying the defendants' motion for substitution of judge.

Pursuant to §2-616 of the Code of Civil Procedure, relation back exists for any cause of action arising from the same transaction or occurrence.

January
2004
Illinois Law Update
Page 16
On October 2, 2003, the Illinois Supreme Court affirmed that portion of the appellate court's opinion that reversed the dismissal of certain paragraphs of the plaintiff's amended complaint.

Interrogatories: the numbers game

By Helen W. Gunnarsson
December
2003
LawPulse
Page 594
What if you're presented by an opponent with too many interrogatories, or what if you want to exceed the limits yourself? Here are some ideas.

Discovery of Medical Information After HIPAA: A Litigator’s Guide

By Katherine L. Dzik
November
2003
Article
Page 554
HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.

Return of the Petrillo doctrine for hospital defendants

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Beginning next year, a new law will once again ban ex parte conversations between a hospital's lawyers and a plaintiff's treating physicians.

Venue will be transferred to an adjacent county under the doctrine of forum non conveniens when the balance of private and public interest factors strongly favors the transfer.

November
2003
Illinois Law Update
Page 550
On August 21, 2003, the Illinois Supreme Court reversed the judgments of the appellate and circuit courts denying the defendants' motion to transfer the action under the doctrine of forum non conveniens.

Breathing new life into forum non conveniens?

By Helen W. Gunnarsson
October
2003
LawPulse
Page 486
A new supreme court case may signal a new willingness to police forum shopping, legal scholars say.

Trial court’s error in allowing improper and untimely answers to a Rule 216 request held as cause for a new trial

October
2003
Illinois Law Update
Page 492
On June 30, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the Circuit Court of Cook County denying the defendant's motion to strike the plaintiffs' answers to requests for admissions submitted to them pursuant to Supreme Court Rule 216, 134 Ill.2d R. 216.

Trial Practice Update for General Practitioners: Lessons from Recent Cases

By Patrick M. Kinnally
October
2003
Article
Page 508
A review of leading practice and procedure cases and the lessons they teach.

Will Ozik inspire more p.i. settlements?

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
According to plaintiffs' lawyers, a recent appellate court ruling means that more defendants will be found jointly, rather than just severally, liable. And that could make them more willing to settle.

Defending Against Prejudgment Interest Awards in Illinois: From Drafting to Litigation

By Justin Lee Heather
July
2003
Article
Page 336
Defenses and drafting techniques to help attorneys protect clients from claims for prejudgment interest.

Locating Elusive Witnesses: An Introduction

By Peggy Shapiro and Perry Myers
July
2003
Article
Page 357
Simple, low- or no-cost tools for finding witnesses who don't want to be found.

Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.

Adverse Examination of Former Employees in Illinois

By Jeffrey K. Kroll and J. Ryan Potts
June
2003
Article
Page 300
Illinois plaintiffs should be allowed to treat former employees of corporate defendants as adverse witnesses, these authors argue.

The Art of Direct Examination

By Terrence J. Lavin
June
2003
Article
Page 305
A trial lawyer's guide to effectively examining experts and plaintiffs.

Changing the Nature of Illinois Class Actions

By Kathleen R. Richards and Jeffrey L. Dunn
May
2003
Article
Page 230
Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the defense lawyer's take on the change.

How Great Will the Impact Really Be?

By Judy L. Cates
May
2003
Article
Page 231
Amended Supreme Court Rule 306 allows discretionary appeals of interlocutory orders granting or denying class certification. Here's the plaintiff's lawyer's take on the change.

Nursing home litigation: no certificate of merit required

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.

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