Publications

Articles on Trial Practice and Procedure

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.

Painting a Picture for the Jury: A Juror’s Perspective

By Shelley Rice Weinberg
August
2002
Column
Page 427
Like most lawyers called to jury duty, the author found the experience eye-opening.

Striking the Right Balance: New Supreme Court Rule 213

By Hon. Barbara A. McDonald
August
2002
Article
Page 406
While not perfect, the newly amended version of Rule 213 should require adequate disclosure while reducing hypertechnical motions.

Litigating a Zoning Case in Illinois

By Michael D’Orsi
June
2002
Article
Page 300
Here's how to challenge a zoning ordinance on behalf of property owners and developers.

Supreme Court Review 2001: Getting to Know the New Court

By Nancy T. Arnold, Tim Eaton, and Michael T. Reagan
May
2002
Article
Page 236
A look at the first year's output of the newly reconstituted supreme court.

Supreme Court Rule 23: The Terrain of the Debate and a Proposed Revision

By Michael T. Reagan
April
2002
Article
Page 180
Rule 23, which provides for unpublished—and nonprecedential—opinions, has been a source of tension between bench and bar. This article reviews the debate and offers suggestions for change.

Healing-Art Malpractice Report: Must the Reporter be Identified?

By David F. Monteleone
February
2002
Article
Page 93
This author argues that plaintiffs can ignore the disclosure provisions.

It’s Time to Repeal Illinois’ Seat-Belt Gag Rule

By Richard B. Foster and Charles E. Harper
February
2002
Article
Page 88
The authors recommend repeal of the law that prohibits admission of evidence of seat belt non-use.

Litigation Expenses; Should Attorneys Be Presumed Liable?

By John D. Ingram
January
2002
Article
Page 41
Professor Ingram argues that attorneys, not clients, should be liable for the fees of third-party providers unless they expressly disclaim.

Claim brought pursuant to the Nursing Home Care Act need not comply with § 2-622 of the Code of Civil Procedure requiring a physician’s affidavit verifying the claim

December
2001
Illinois Law Update
Page 624
On September 26, 2001, the appellate court, fourth district, answered the certified question of whether the plaintiff's negligence claim brought pursuant to the Nursing Home Care Act (Act), 210 ILCS 45/3-601.

Defendant not required to pay costs of evidence deposition for physician who was unavailable to testify at trial or witness fees for medical professionals

August
2001
Illinois Law Update
Page 398
On June 8, 2001, the Appellate Court of Illinois, Second District, reversed an award of certain costs against the defendant, Robert P. McMillan.

Proximate Cause in Environmental Contamination Cases

By Christopher P. Perzan
August
2001
Article
Page 416
The author discusses the implications of adding a proximate-cause element to state Superfund cases under the IEPA.

Illinois Litigator’s Guide to Naming Defendants in Collection Suits

By Scott Michael Alexander
July
2001
Article
Page 373
Properly naming your defendant can mean the difference between collecting a judgment and making a worthless claim.

Misidentification statute amended to resemble federal rule—S.B. 195

July
2001
Illinois Law Update
Page 342
The General Assembly has approved an amendment to the misidentification statute in the Code of Civil Procedure.

Stamped facsimile of attorney’s signature sufficient to satisfy requirements of notice provision of the Code of Civil Procedure

July
2001
Illinois Law Update
Page 342
On May 10, 2001, the Appellate Court of Illinois, Second District, reversed the circuit court's dismissal of the plaintiff's complaint.

Plugging a Hole in the Tort Immunity Act: The Emergency Vehicle Exception

By David Stevens
June
2001
Article
Page 296
The fifth appellate district stands alone in recognizing an exception to the Tort Immunity Act for emergency vehicles.

Special Appearance Revisited: Preserving a Jurisdictional Challenge Without an Evidentiary Hearing

By Edward S. Margolis
June
2001
Article
Page 317
Section 2-301 of the Code of Civil Procedure may just be the answer.

Defeating a Post-Deposition Affidavit

By John M. McGarry
April
2001
Article
Page 203
How to defeat a post-deposition affidavit that comes in response to a motion for summary judgment.

The Lawyer’s Journal

By Bonnie C. McGrath
March
2001
Column
Page 112
Real Property Disclosure Act; legal department summon(s)ed in error; questions of law now collaterally estoppable; and more.

Using Federal Rule 68 to Spur Settlement

By Ian H. Fisher
March
2001
Article
Page 143
Rule 68 can require plaintiffs to pay defendants' costs for refusing a judgment offer.

Requests to Admit; What Are “Ultimate Facts” and “Legal Conclusions”?

By Lora D. Kadlec
February
2001
Article
Page 95
Distinguishing between "ultimate facts" and "legal conclusions" for requests to admit remains a difficult but important job.

Defending Transportation Cases: A Pretrial Preparation Primer

By James F. McCluskey and E. Angelo Spyratos
January
2001
Article
Page 41
Defense lawyers: think "trial" the minute you get a case.

Comparative Fault, Contribution, and Joint and Several Liability: An Agrument Against Reconciliation

By William R. Tapella II
December
2000
Article
Page 694
The courts and legislature should avoid pleas for false symmetry among the three, this author argues.

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