Parenthood in civil casesBy Jeffrey A. ParnessCivil Practice and Procedure, May 2012Is 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 depositionBy Jeffrey A. ParnessBench and Bar, June 2011The 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 jurisdictionBy Jeffrey A. ParnessCivil Practice and Procedure, June 2011The 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 depositionBy Jeffrey A. ParnessCivil Practice and Procedure, March 2011A 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 proceedingsBy Jeffrey A. ParnessCivil Practice and Procedure, February 2010In 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.
Choice of law in multi-state tort casesBy Jeffrey A. ParnessCivil Practice and Procedure, January 2009Gregory v. Beazer East provides a useful reminder of basic choice-of-law principles, including depecage and the “factual contacts” test.
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