Publications

Articles on Trial Practice and Procedure

Use of undercover investigators may constitute claim for invasion of privacy

April
2000
Illinois Law Update
Page 196
On January 13, 2000, the First Division of the Appellate Court of Illinois, reversed in part the circuit court of Cook County's judgment in favor of Kmart Corporation.

Illinois’ Court-Annexed Mandatory Arbitration: A Review of the Cases

By Timothy W. Kelly and Amy L. Mobley
March
2000
Article
Page 150
A practitioner's guide to recent Illinois mandatory-arbitration decisions.

An Illinois Litigator’s Guide to Finding and Using Experts

By Terrence J. Lavin, John L. Nisivaco, and Martin A. Dolan
March
2000
Article
Page 168
Experts: should you find one and how?

Summary Suspension Hearings: Shifting the Burden of Proof to the State

By J. Brick Van Der Snick
March
2000
Article
Page 156
How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.

Helping Jurors Listen: Early Jury Instructions and Supreme Court Rule 239

By Susan M. Brazas
February
2000
Article
Page 80
How and why to present instructions to jurors before opening statements.

Bringing an ERISA Claim: A Step-by-Step Guide

By Mark D. DeBofsky
January
2000
Article
Page 20
A practice-oriented review of one of the most important, but least understood, federal laws.

The Death of Special Appearances

By Keith H. Beyler
January
2000
Article
Page 30
A new procedure for making a personal jurisdiction objection took effect this month. A drafter of the new law explains. Join the online Q & A at www.isba.org.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

Trial court did not violate defendant’s constitutional rights by commencing trial in her absence

January
2000
Illinois Law Update
Page 16
On November 18, 1999, the Illinois Supreme Court affirmed the appellate court’s finding that the trial court did not violate a defendant’s constitutional rights by starting her trial in her absence.

The Environmental Remediation Tax Credit: A Primer

By Kathleen M. Hennessey
December
1999
Article
Page 666
This new -- and underused -- state program helps developers finance brownfield cleanups.

The Lawyer’s Journal

By Bonnie McGrath
December
1999
Column
Page 632
One new rule clarifies notice-of-appeal filings in criminal cases...

Correspondence from Our Readers

November
1999
Column
Page 566
More on modifying custody

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

The Lawyer’s Journal

By Bonnie McGrath
September
1999
Column
Page 454
"Same part of the body'' rule update.

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

Exclusion of Damage-Reducing Evidence in Injury Litigation

By Roy C. Dripps
July
1999
Article
Page 368
Here's how to exclude evidence that would tend to lessen damages if admitted.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Opinion Witnesses and Disclosure Under “New” Supreme Court Rule 213

By Lara D. Kadlec
July
1999
Column
Page 381
Courts have become more reluctant than ever to let parties deviate from the strict disclosure standards of Rule 213.

The Lawyer’s Journal

By Bonnie McGrath
June
1999
Column
Page 298
Guilty but mentally ill'' passes constitutional muster

Understanding Section 2-619(a)(3) Motions to Dismiss or Stay

By Craig M. Bargher
June
1999
Column
Page 327
Litigants can use section 2-619(a)(3) to seek stays or dismissals when another cause of action involving the "same parties'' and "same cause'' is pending.

The Dilemma of Jury Instructions in Federal Employment Discrimination Cases

By Chief Judge Joe Billy McDade, Robin Washburne Cozette, and Kimberly Prince Klein
May
1999
Article
Page 276
A review of the murky law in this area, with model jury instructions and special interrogatories to guide practitioners.

The Lawyer’s Journal

By Bonnie McGrath
April
1999
Column
Page 186
Offer, acceptance, consideration, and criminal law.

Rediscovering the Truth: Requests for Admissions Are Not Discovery

By Edward S. Margolis
April
1999
Article
Page 214
A pair of recent Illinois Supreme Court decisions have given practitioners a powerful tool for narrowing issues of fact.

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

Bringing “Bad Faith Refusal to Settle” Claims Against Insurers

By G. Grant Dixon III
February
1999
Article
Page 92
Did your client's insurer refuse in bad faith to settle within policy limits? Then it should pay the price.

Litigating Claims Under Lost Insurance Policies in Illinois

By Todd Stewart Schenk
February
1999
Column
Page 102
A how-to guide to lost-policy lawsuits.

Plaintiff’s state-court breach of implied contract, abuse of governmental power claims were identical to dismissed federal § 1983 claim and thus barred by res judicata doctrine.

February
1999
Illinois Law Update
Page 73
On November 19, 1998, the Illinois Supreme Court affirmed in part the appellate court's dismissal of plaintiff, River Park, Inc.'s, claim for tortious interference with business expectancy.

Environmental Remediation and Tax Credit

January
1999
Illinois Law Update
Page 13
On October 26, 1998 the Pollution Control Board adopted amendments to section 740 of its administrative rules. 35 Ill Adm Code 740.

The Lawyer’s Journal

By Bonnie McGrath
January
1999
Column
Page 10
ADA plaintiffs must be accommodating.

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