Publications

Articles on Trial Practice and Procedure

Expert Testimony About Psychological Syndromes: How Far Can an Expert Go?

By Steven J. Sturm and Rebecca N. Poulson
December
2000
Article
Page 704
How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Expert Testimony and Valuing Goodwill at Divorce

By Michael W. Kalcheim
November
2000
Article
Page 652
Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.

Indian Law for Illinois Practitioners

By Jennifer L. Nutt Carleton
November
2000
Article
Page 659
An outline of Indian-law issues that any lawyer might encounter.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

Protecting Evidence of Self-Critical Analysis From Discovery in Illinois

By Michelle R. Mosby-Scott and Michael Todd Scott
November
2000
Article
Page 648
A review of self-critical-analysis privilege under federal and state law.

Impeaching Jury Verdicts for Juror Misconduct and Prejudicial Influence

By Hon. Denise M. O’Malley
October
2000
Article
Page 568
A judge's perspective on how courts do—and should—respond to alleged juror misconduct and prejudice.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

Statute of limitations bars claim filed 22 years after alleged sexual abuse

October
2000
Illinois Law Update
Page 563
On August 10, 2000, the Illinois Supreme Court held that the statute of limitations for a claim brought by a former parishioner against a parish priest began to run when the parishioner reached age of majority, and that the parishioner was not under a legal disability sufficient to toll the statute of limitations.

Supreme court rejects “same part of the body rule” and holds that defendants must present evidence establishing relevance of plaintiff’s prior injury

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Illinois Supreme Court affirmed the appellate court's ruling that a defendant who wishes to introduce evidence of a prior injury, whether or not the injury is to the same body part, must introduce evidence establishing the prior injury's relevance.

The Case for Making Pre-Impact Fear Compensable in Survival Actions

By Jeffrey J. Kroll
August
2000
Article
Page 462
The author argues that Illinois should follow other states and make pre-impact fear compensable.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

Procedures for determining “best interest” of child in custody proceedings clarified; P.A. 91-746

August
2000
Illinois Law Update
Page 438
In response to a recent appellate court decision, the General Assembly passed and the governor recently approved legislation clarifying the process for requesting court-ordered evaluations in child custody proceedings.

Suing Out-of-State Defendants in Illinois: Minimum Contacts after TCA, Ruprecht and Chalek

By Edward S. Margolis
August
2000
Article
Page 458
An analysis of recent cases that may affect the right to enforce business contracts in Illinois.

The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions

By Tod A. Lewis
July
2000
Article
Page 392
Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.

The Res Judicata Doctrine Under Illinois and Federal Law

By Barbara Andersen Gimbel
July
2000
Article
Page 404
A step-by-step review of the res judicata doctrine and its development and application under the common law.

The Undercapitalized Corporation and Illinois Corporate Veil-Piercing Law

By Mark W. Page
July
2000
Article
Page 398
The author argues that Illinois courts have not developed a coherent theory of undercapitalization as a justification for veil piercing.

Zen and the Art of Motorcycle-Injury Litigation

By Thomas M. Harris
July
2000
Article
Page 409
Don't treat your motorcycle-injury suit like just another automobile case.

Civil Penalties Under the Illinois Environmental Protection Act

By Patrick D. Shaw
June
2000
Article
Page 344
A survey of the law governing whether and what penalties are appropriate under the IEPA.

First Things First: Evaluating a Nursing Home Case

By Steven M. Levin and David H. Brinton
June
2000
Article
Page 349
Pointers on deciding whether to pursue, refer, or reject a nursing home case.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

Pressure-Sore Litigation: An Overview

By Paul W. Johnson and Veronica L. Armouti
June
2000
Article
Page 336
An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.

States may not be sued under ADA in private action in federal court

June
2000
Illinois Law Update
Page 310
On March 27, 2000, a divided panel of the seventh circuit court of appeals held that a university employee could not maintain a private cause of action against her state employer to enforce the Americans with Disabilities Act, 42 USC § 12111-12117 (ADA).

Supreme Court Rule 219(e) does not confer on circuit courts the authority to deny pretrial motions for voluntary dismissal that meet the requirements of section 2-1009(a) of the Code of Civil Procedure

June
2000
Illinois Law Update
Page 310
Ronald Morrison brought a medical malpractice action against C. G. Wagner, a radiologist; Michael Feely, a neurosurgeon; and St. Mary's Hospital.

Effective Closing Arguments in DUI Jury Cases

By Donald J. Ramsell
May
2000
Article
Page 285
Tried-and-true techniques for DUI "breath" and "refusal" trials.

The failure to name the state of Illinois as a respondent was sufficient to justify a dismissal of a petition for review of an administrative decision

May
2000
Illinois Law Update
Page 252
On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's dismissal of Watts' petition because the court lacked jurisdiction to hear the matter since Watts failed to name the state of Illinois as a respondent in the case.

Protecting Trade Secrets During Litigation: Policies and Procedures

By William Lynch Schaller
May
2000
Article
Page 260
Find out how to reduce the risk that you'll reveal proprietary information during litigation.

The Quandary Facing Deponents Who Err at Deposition

By Robert S. Minetz
May
2000
Article
Page 276
The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.

ADA claim must establish that condition is regarded as a disability

April
2000
Illinois Law Update
Page 196
On February 8, 2000, the seventh circuit court of appeals affirmed the decision of the district court for the Northern District of Illinois to grant summary judgment to the defendants as to plaintiff Krocka's claim under the Americans with Disabilities Act ("ADA").

The Lawyer’s Journal

By Mark S. Mathewson
April
2000
Column
Page 192
What hath Tosado wrought? What do jurors think? Granny gives a gift; and more.

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