Section Newsletters

Articles From Professor Jeffrey A. Parness

Binding Nonsignatories to Forum Selection Clauses By Prof. Jeffrey A. Parness Federal Civil Practice, December 2022 The Franlink Inc. v. BACE Services court joined all other federal appellate courts in employing the “closely related” doctrine to determine whether a nonsignatory to a contract with a forum selection clause was bound by the clause.
FRCP 11 Sanctions for Advocating Bad Discovery Papers? By Jeffrey A. Parness Federal Civil Practice, September 2022 How Rule 11 of the Federal Rules of Civil Procedure might apply to advocating from what are now, but were not always, bad discovery papers.
Presuit Lawyer Information Preservation Duties By Professor Jeffrey A. Parness Federal Civil Practice, December 2021 Judicial sanctions for lawyer failures in preserving information relevant to anticipated/current federal civil actions have changed significantly in the last 15 years. 
Federal Presuit Information Preservation Orders By Jeffrey A. Parness Federal Civil Practice, December 2020 Federal civil procedure laws allowing presuit information preservation orders by courts should be expanded in order to promote greater compliance with current substantive and procedural laws on the duties of preserving civil litigation information. 
Contextual parentage By Jeffrey A. Parness Civil Practice and Procedure, December 2018 A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Hush up about sexual misconduct By Jeffrey A. Parness Diversity Leadership Council, June 2018 As alleged victims of sexual misconduct will be increasingly likely to seek redress, the time is ripe to explore how Illinois laws do and should regulate sexual misconduct settlements.
Sexual misconduct and Illinois civil procedure laws By Jeffrey A. Parness Civil Practice and Procedure, February 2018 Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Uncertainties when only principals are sued for the acts of agents By Jeffrey A. Parness & Alex Yorko Civil Practice and Procedure, January 2017 The court in Yarbrough said that generally a claimant need not join an agent when suing a principal. Yet lawyers in civil cases alleging vicarious liability of a principal must proceed with caution regarding nonjoinder of the agent as sometimes there will operate a res judicata defense.
Lost Electronically Stored Information (ESI) By Jeffrey A. Parness Federal Civil Practice, September 2016 A review of the basic features of the new FRCP 37(e), its counterparts in Illinois, and its impact on all Illinois lawyers, wherever they practice.
Lost Electronically Stored Information (ESI) By Jeffrey A. Parness Civil Practice and Procedure, July 2016 A review of the basic features of the new FRCP 37(e), its counterparts in Illinois, and its impact on all Illinois lawyers, wherever they practice.
The possible impact of the new and proposed amendments to the Federal Rules of Civil Procedure on Illinois civil practice By Jeffrey A. Parness Civil Practice and Procedure, January 2016 At the close of 2015 there were several major federal civil procedure rulemaking initiatives involving the Federal Rules of Civil Procedures. What were included in these initiatives and what do they suggest about possible new Illinois civil practice reforms?
Statutory silence on burden of proof By Jeffrey A. Parness Civil Practice and Procedure, June 2015 It seems reasonable to infer that the General Assembly desires the same clear and convincing evidence norm in removal petition cases as it has expressly articulated for custody order modification cases. Individual statutes should be interpreted, at times, by references to other statutes.
Lawyer investigations into uncertain parentage By Jeffrey A. Parness Civil Practice and Procedure, March 2015 With the growing phenomenon of uncertain parentage, lawyers also cannot assume that an established legal parentage in one setting will apply in all other settings.
General partner liability on a judgment against the partnership By Jeffrey A. Parness Civil Practice and Procedure, November 2014 When the negligence of a partnership employee caused one harm, can one sue a partner on a theory of respondent superior in a 2007 case and then, after losing that claim, sue the same partner in 2013 for the unsatisfied portion of the judgment entered against the general partnership in the earlier case?
Evolving Illinois parentage laws By Jeffrey A. Parness Civil Practice and Procedure, April 2014 A look at what the trends, driven by changes in technology and human conduct toward legal parentage beyond biological ties and formal adoptions, mean for civil litigators.
Limits on common law privileges and self-critical analyses By Jeffrey A. Parness Civil Practice and Procedure, February 2014 The recent case of Harris v. One Hope United, Inc. did not elaborate on any differences between General Assembly deference in privilege extension or establishment.
New guidelines on privileged marital communications By Jeffrey A. Parness Civil Practice and Procedure, December 2013 In the recent case of People v. Trzeciak, Justice Theis was "troubled" by the majority's definition of confidentiality, which she found to constitute “a new exception” not found in statute. What was the new exception and will it apply in civil as well as criminal cases?
Non-residents’ streams of conduct and personal jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, July 2013 The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
Evolving standards on standing in child care By Jeffrey A. Parness Human and Civil Rights, March 2013 This spring, the Illinois General Assembly may consider significant amendments to both the Illinois Marriage and Dissolution of Marriage Act  and the Illinois Parentage Act.
Evolving standards on standing to child care By Jeffrey A. Parness Family Law, March 2013 This spring, the Illinois General Assembly may consider significant amendments to both the Illinois Marriage and Dissolution of Marriage Act  and the Illinois Parentage Act.
1 comment (Most recent March 9, 2013)
New Illinois Evidence Rule 502 By Jeffrey A. Parness Administrative Law, March 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
New Illinois Evidence Rule 502 By Jeffrey A. Parness Bench and Bar, March 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
New Illinois Evidence Rule 502 By Jeffrey A. Parness Civil Practice and Procedure, January 2013 Effective January 1, 2013, new Illinois Evidence Rule 502 establishes standards on losses of attorney-client privilege and work-product protection via disclosure.
Standing to childrear: 2013 By Jeffrey A. Parness Civil Practice and Procedure, October 2012 For now, standing to childrear in Illinois will be generally limited to biological and adoptive parents. But that may change soon with increasing calls for statutory reforms and precedents recognizing that children’s best interests, as well as societal and quasi-parental interests, should not automatically yield to superior parental rights seemingly waived without any judicial oversight.
Parenthood in civil cases By Jeffrey A. Parness Civil Practice and Procedure, May 2012 Is it time to comprehensively examine all parentage statutes, or to recognize broader common law powers that would serve childrens’ best interests without interfering with the superior rights of parents?
Admitting a party’s discovery deposition By Jeffrey A. Parness Bench and Bar, June 2011 The case of Berry v. American Standard, Inc., 382 Ill. App. 3d 895 (5th Dist. 2008) prompted the recent amendment to Rule 212(a)(5) allowing into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
Trial court subject matter jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, June 2011 The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.
Admitting a party’s discovery deposition By Jeffrey A. Parness Civil Practice and Procedure, March 2011 A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
Nonlawyer advocates in administrative proceedings By Jeffrey A. Parness Civil Practice and Procedure, February 2010 In Grafner v. Department of Employment Security, 914 N.E.2d 520 (1st Dist. 2009), the court considered whether a nonlawyer hired from an employer services company could represent a former employer in an administrative proceeding before the Department of Employment Security (DES) in a case involving disputed employment compensation benefits allegedly owed a former employee.
1 comment (Most recent February 18, 2010)
Choice of law in multi-state tort cases By Jeffrey A. Parness Civil Practice and Procedure, January 2009 Gregory v. Beazer East provides a useful reminder of basic choice-of-law principles, including depecage and the “factual contacts” test.

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