Illinois Bar Journal


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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.