Publications

Section Newsletter Articles From Mark Rouleau

Insured’s duty of notice By Mark Rouleau Insurance Law, May 2019 An overview of the basic governing concepts that apply to all relationships between insureds and insurers.
Medical testimony and the “reasonable degree of medical certainty” standard By Mark Rouleau Civil Practice and Procedure, January 2019 The meaning of "reasonable degree of medical certainty" is often misunderstood by physicians, making it extremely important to explain this legal term to a client’s treating physicians before their depositions are taken.
Response to “Taking on Mandatory Arbitration at For-Profits” By Mark Rouleau Alternative Dispute Resolution, October 2016 Author Mark Rouleau offers his perspective on an article published in the June issue of this newsletter.
Clear warning for attorneys in wrongful death cases By Mark Rouleau Civil Practice and Procedure, August 2014 The case of Estate of Powell v. John C. Wunsch, P.C. stands as a clear lesson for all plaintiffs’ counsel that they must seek to probate the portions of settlements that are allocated to minors and incompetents that exceed $5,000.
Compensation for household services By Mark Rouleau Civil Practice and Procedure, June 2014 Anytime a person is unable to perform their ordinary job duties causing them to suffer a loss of income it is very likely that they also suffer a loss of the household services that they would have ordinarily provided to themselves or their spouses. This element of damages is frequently overlooked even though it is very easily calculated.
National policy favoring class arbitration reaffirmed By Mark Rouleau Alternative Dispute Resolution, October 2013 In the intervening period since the Supreme Court decision in Stolt-Nielsen S.A. v. Animal Feeds International, many courts and parties have been left wondering if arbitration on a class-wide basis could ever be sustained. Recently the Supreme Court answered this question preserving arbitration on a class basis.
National policy favoring class arbitration reaffirmed By Mark Rouleau Civil Practice and Procedure, September 2013 In Oxford Health Plans LLC v. Sutter, the United States Supreme Court “reaffirmed the national policy favoring arbitration in relation to class arbitration.”
Equitable apportionment applies to subrogation claims January 1, 2013 By Mark Rouleau Civil Practice and Procedure, December 2012 Plaintiff’s attorneys and their clients will welcome this statutory change as an advancement of justice in tort recoveries for injured persons.
Supreme Court allows juror questioning of witnesses: New Supreme Court Rule 243 By Mark Rouleau Civil Practice and Procedure, April 2012 The Illinois Supreme Court has adopted a new rule, S.C.R. 243, which takes effect July 1, 2012.
Sufficiency of tender terminating right to judgment interest By Mark Rouleau Civil Practice and Procedure, February 2012 The recent First District case of Poliszczuk v. Winkler, 2011 Ill. App. 1st Dist. 101847, discusses in detail what constitutes a sufficient tender of payment of judgment so as to toll the defendant’s further obligation to pay judgment interest pursuant to Illinois Code of Civil Procedure.
Seventh Circuit throws the baby out with the bathwater in class action certification—Class counsel’s misconduct as basis for decertifying class: Creative Montessori Learning Centers v. Ashford Gear LLC, No. 11-8020 November 22, 2011 By Mark Rouleau Civil Practice and Procedure, January 2012 It seems strange that any otherwise appropriate class actions should be entirely decertified simply due to the conduct of the putative class counsel, which took place prior to the instigation of the suit. It would seem far more equitable, and in keeping with the interests of protecting the class members, for the court to appoint new or interim counsel, if current counsel’s conduct indicates that he will not “fairly and adequately” represent the entire class, rather than to throw its entire case out of court.
Letter to the editor By Mark Rouleau Alternative Dispute Resolution, October 2011 A reader's response to the article, "Sacrificing class arbitration for the good of individual arbitration," that appeared in the June 2011 issue of this newsletter.
Arbitration primer for civil trial attorneys By Mark Rouleau Civil Practice and Procedure, April 2010 The basics you need to know about arbitration.
Wills v. Foster and the “reasonable value” approach to the collateral source rule By Mark Rouleau and Ehsan Eftekhari Civil Practice and Procedure, August 2008 The collateral source rule has been the subject of numerous appellate cases in Illinois in the last several years, recently culminating in the unanimous Illinois Supreme Court decision of Wills v. Foster, Docket No. 140538, 2008 WL 2446696 (June 19, 2008), written by Chief Justice Thomas. 
Contacting an opponent’s employee and former employees By Mark Rouleau Civil Practice and Procedure, December 2007 This article addresses the scope of the attorney-client privilege with respect to counsel’s contact with employees of an opposing party.
Impact of criminal proceedings on civil cases By Mark Rouleau Tort Law, October 2002 This article reviews some of the decisions regarding the impact of convictions, pleas and stipulations to facts in criminal proceedings on subsequent civil cases.
Impact of plea of guilty on civil proceedings By Mark Rouleau and Steve Baker Criminal Justice, April 2001 A plea is an admission of a party opponent. It is not conclusive in the civil litigation, however it is like a person saying at the time of the collision; "I'm sorry, I ran the red light."
Compensation for the value of lost time and not lost wages By Mark Rouleau Tort Law, March 2001 The lost value of time is compensable and not merely lost wages as defendants so often contend.

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