Serving a dissolved company: Isfan v. Longwood Tower
By Hon. Daniel T. Gillespie & Daniel Burley
Civil Practice and Procedure,
September 2016
How does a party serve a dissolved entity? It depends on whether the company is a limited liability entity or a corporation. The distinction is important, as improperly serving a dissolved entity can scuttle a case.
McVey v. M.L.K. Enterprises: Proper calculation of the hospital lien
By Hon. Daniel T. Gillespie & Jonathan P. Kuhn
Civil Practice and Procedure,
August 2015
In McVey v. M.L.K. Enterprises the Illinois Supreme Court overruled Stanton v. Rea and found, unequivocally, that the plain text of the Healthcare Services Lien Act requires that neither attorney’s fees nor costs be deducted before calculating the statutory maximum lien on plaintiff’s award.
Navigating the choppy waters of foreign trade—Chraca v. U.S. Battery Manufacturing Company
By Hon. Daniel T. Gillespie & Aaron McKerry
Civil Practice and Procedure,
March 2015
In this recent case, the appellate court held that, under section 2-621, subsection (b)(3) of the Illinois Code of Civil Procedure (735 ILCS 5/2-621(b)(3)), a plaintiff is entitled to reinstate an action against a product distributor where he can show the product manufacturer is not subject to the personal jurisdiction of the court.
All that snow: Barber v. G.J. Partners, Inc.
By Hon. Daniel T. Gillespie & Rachel Fugett
Civil Practice and Procedure,
September 2013
Premise liability for a fall with injuries after snow was shoveled was at the heart of the case of Barber v. G.J. Partners, Inc.
Frezados v. Ingalls Memorial Hospital: A clear case of apparent agency
By Hon. Daniel T. Gillespie & Emily Laskowski
Civil Practice and Procedure,
August 2013
One area of frequent litigation in medical malpractice cases, particularly at the summary judgment stage, is the question of whether or not a physician can be considered the apparent agent of the hospital at which he or she is authorized to practice.
Hanks v. Cotler: An example of the “apogee of disingenuousness”
By Hon. Daniel T. Gillespie & Daniel J. Bishop
Bench and Bar,
June 2012
Justice Terry Lavin’s opinion in Hanks v. Cotler constitutes an excellent play-by-play analysis of the intersection of the statutes of limitations and the statutes of repose with the common-law discovery rule.
Hanks v. Cotler: An example of the “apogee of disingenuousness”
By Hon. Daniel T. Gillespie & Daniel J. Bishop
Civil Practice and Procedure,
May 2012
Justice Terry Lavin’s opinion in Hanks v. Cotler constitutes an excellent play-by-play analysis of the intersection of the statutes of limitations and the statutes of repose with the common-law discovery rule.
E-discovery: Not as easy as it may sound
By Hon. Daniel T. Gillespie
Civil Practice and Procedure,
August 2011
What exactly is electronic discovery? Can this help attorneys and their clients? What if the attorney or party makes a mistake and sends out confidential information inadvertently? Can that be retrieved?
Forum non Conveniens clarified: Glass v. DOT Transportation, Inc.
By Hon. Daniel T. Gillespie & Matthew Friedlander
Civil Practice and Procedure,
February 2010
For many judges and lawyers in Illinois, the doctrine of forum non conveniens appears to be a convoluted discretionary tool. Unlike a motion to transfer venue, which is a purely procedural matter, the doctrine offorum non conveniens allows the judge to transfer a case if he or she decides that hearing a case in the plaintiff’s choice of forum is unfair to the defendant or the public. The doctrine itself applies on an interstate and intrastate basis so long as venue is proper in both forums.
When is a credit card agreement an oral contract? Portfolio Acquisitions LLC v. Feltman
By Hon. Daniel T. Gillespie & Kathilynne Grotelueschen
Civil Practice and Procedure,
November 2009
In Illinois, where the statute of limitations is ten years for a written contract and five years for an oral contract, one might well think that a credit card agreement would qualify as a written contract because credit cards are generally issued pursuant to a written card member agreement.
Book review
By Hon. E. Kenneth Wright, Jr. & Hon. Daniel T. Gillespie
Bench and Bar,
June 2009
Lincoln scholar Douglas L. Wilson has penned a fascinating account of our sixteenth President’s extraordinary ability to communicate with the written word.
Can an unlicensed law firm recover in a suit for attorney fees?
By Hon. Daniel T. Gillespie
Civil Practice and Procedure,
May 2007
One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Can an unlicensed law firm recover in a suit for attorney fees?
By Hon. Daniel T. Gillespie
Civil Practice and Procedure,
January 2007
One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Some deadlines really are final
By Daniel T. Gillespie
Civil Practice and Procedure,
May 2004
As Justice Smith wrote in this unanimous In re Estate of Lucy J. Kunsch opinion, "Rule 216 is not a suggestion, but rather a rule that must be strictly obeyed and enforced." Some deadlines must be met. Some final dates really are final.
What is the proper standard for a motion for a directed finding? People v. Connolly
By Daniel T. Gillespie
Traffic Laws and Courts,
February 2002
In People v. Connolly, 322 Ill. App. 3d 905, 751 N.E. 2d 1219 (2d Dist. 2001), the Illinois Appellate Court articulated the proper standard for ruling on what has, among trial practitioners, been commonly known as a motion for a directed finding at the close of the State's case.
People v. Jung: constitutionality of 11-501.4-1 upheld
By Daniel T. Gillespie
Traffic Laws and Courts,
January 2001
Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
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