Articles From Edward Casmere

Illinois Supreme Court Sinks the ‘Test the Waters’ Doctrine By Edward Casmere Bench and Bar, July 2021 The Illinois Supreme Court recently decided whether the “test the waters” doctrine is a valid basis to deny a party’s motion for substitution of judge under section 2-1001 (a)(2) of the Code of Civil Procedure.
Does Allowing Employees to Work From Home Put Corporations at Risk of Expanding Where They Can Be Properly Sued Under Illinois’ Venue Statute? The Illinois Supreme Court Weighs In By Edward Casmere & Brian O’Connor Watson Bench and Bar, November 2020 Last month, the Illinois Supreme Court determined whether an employee’s home office establish residency of their corporate employer for determining proper venue.
Civility, Sincerity, and Other Compelling Negotiation Concepts: Tips From an American President By Edward Casmere Bench and Bar, October 2020 Kennedy’s inaugural address as president of the United States in 1961 provided a number of timeless insights on negotiation.
Illinois Supreme Court Sculpts the Edges of the Collateral Source Rule in Class Action Economic Loss Case By Edward Casmere Bench and Bar, June 2020 The Illinois Supreme Court recently solidified the boundaries of the economic loss doctrine and the collateral source rule in a class action case asserting a civil conspiracy claim.
Caveat Venditor: Illinois Supreme Court Clarifies Revocation of Acceptance Rights, Remedies, and Obligations for Buyers and Sellers in Landmark Decision By Zoe Wolkowitz & Edward Casmere Bench and Bar, November 2019 In September, the Illinois Supreme Court issued a landmark ruling affording greater protection to buyers of substantially nonconforming goods under Illinois’ adoption of the Uniform Commercial Code in Accettura v. Vacationland.
ABA considers modifying model rules on attorney advertising By Edward Casmere Bench and Bar, January 2018 The rules controlling how lawyers communicate with the public may be in for an overhaul.
Shakespeare’s cold wisdom—Too early seen unknown, and known too late? By Edward Casmere Bench and Bar, September 2017 The point of this article is not to advocate for a campaign of carpet-bombing legal briefs and arguments with quotes from Shakespeare, but rather to suggest that this giant of the literary world has gifted lawyers with timeless insights that may help us better “suit the action to the word, the word to the action” as we practice our craft.
Rule 502: Something Illinois litigants can learn from federal courts By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, May 2017 Rule 502 sets forth several significant provisions – including 502(d) – which can be implemented by the courts and parties to proactively address production and protection of privileged material.
Proportionality in e-discovery: The Illinois appellate court seeks to find the right fit By Eli Litoff, Kelly Warner, & Edward Casmere Bench and Bar, April 2017 In the years since Supreme Court Rule 201 was amended in 2014, Illinois appellate courts have not had occasion to apply the proportionality test, leaving litigants to resort to federal precedent to define their proportionality arguments.
People v. Jones: Prejudicial remarks in a criminal trial By Edward Casmere & Eliberty Lopez Bench and Bar, December 2016 In People v. Jones, the First District reversed the convictions and ordered a new trial in front of a new judge based on prejudicial comments made by the State and the trial court.
The Second District avoids causing new ripples in the common law “test the waters” doctrine By Edward Casmere & Kaitlin Klamann Bench and Bar, September 2016 While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
Supreme Court supports circuit court’s discretion to deny a motion to substitute judge in refiled case By Edward Casmere Bench and Bar, January 2016 In Bowman v. Ottney, the Illinois Supreme Court held that trial courts have discretion to deny a motion for substitution of judge in a refiled case when the motion is presented to the same judge who made substantive rulings in the previously dismissed case.
Why do pro bono work? By James A. Clark & Edward Casmere Bench and Bar, September 2015 A look at some of the reasons to provide pro bono work.

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