Subject Index Trial Practice and Procedure

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 & 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 & 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 & 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.

Plaintiff asserting private right of action for personal injury under Nursing Home Care Act does not have to attach certificate and report under section 2-622 of Code of Civil Procedure

May
2003
Illinois Law Update
, Page 226
On February 21, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a plaintiff asserting a private right of action under the Nursing Home Care Act, 210 ILCS 45/1-101.

Maximizing Your Client’s Recovery Under the Federal Tort Claims Act

By Thomas A. Kantas
February
2003
Article
, Page 76
An FTCA provision limits awards to the amount presented in the claim. This article explains how to get the most for your client.

Must Med-Mal Plaintiffs File Section 2-622 Certificates of Merit in Federal Court

By Robert P. Vogt
February
2003
Article
, Page 72
Some courts say yes, some say no. The author argues that certificates of merit should be required in federal court.

Donaldson v CIPS: The Death Knell for Daubert in Illinois?

By Stephen A. Wood
January
2003
Article
, Page 26
In Donaldson, the Illinois Supreme Court embraced the Frye standard for admitting scientific evidence and passed on Daubert. Here's a review.

Cross-Examination: The Trial Lawyer’s Search Engine

By Joseph B. McDonnell
December
2002
Article
, Page 657
Cross-examination tips for beginning lawyers.

Illinois’ Evolving Doctrine of Intrastate Forum Non Conveniens

By Kristen M. Smith
December
2002
Article
, Page 638
Courts have been generous in granting change of venue requests, but will the new supreme court take a different tack?

Trial venue proper when trial held where investigation occurred that was necessary to establish materiality of defendant’s statements

October
2002
Illinois Law Update
, Page 512
On August 8, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the defendant's conviction for making false statements to federal officers in violation of 18 USC § 1001.

Constructive filing only achieved when a document is transmitted by the United States Postal Service

September
2002
Illinois Law Update
, Page 454
On June 4, 2002, the Appellate Court of Illinois, Fifth District, dismissed the defendant's appeal of the Williamson County Circuit Court's denial of the defendant's motion to transfer venue.

Select a Different Subject