Responding To Work-From-Home Accommodation Requests in a Post-Covid EnvironmentBy Josh HeidelmanCivil Practice and Procedure, October 2025In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court.
Why Medical Images Matter in Medical Injury LitigationHealth Care Law, October 2025In medical malpractice and personal injury cases, the strength of your evidence can make or break your argument. While written records and verbal testimony are essential, medical imaging like X-rays, MRIs, and CT scans add a layer of clarity and detail that is hard to match.
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade FraudBy Jay SchleppenbachCivil Practice and Procedure, August 2025International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade FraudBy Jay SchleppenbachCorporate Law Departments, August 2025International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
Why Medical Images Matter in Medical Injury LitigationCivil Practice and Procedure, August 2025In medical malpractice and personal injury cases, the strength of your evidence can make or break your argument. While written records and verbal testimony are essential, medical imaging like X-rays, MRIs, and CT scans add a layer of clarity and detail that is hard to match.
Doe v. Catholic Bishop: How to Scrutinize Attorney-Client PrivilegeBy Mohammad Ahmed & Bobby MontesanoCivil Practice and Procedure, October 2024Attorney-client privilege is an anchor of the legal profession, fostering open communication between attorneys and their clients. This privilege encourages clients “to engage in full and frank discussions with their attorneys without fear of compelled disclosure of information.” As such, the attorney-client privilege is an essential component of effective legal representation.
Everything Old Is New Again: Litigating 2-1401 PetitionsBy Hon. Eugene G. DohertyCivil Practice and Procedure, October 2024If, after judgment, a party files a motion pursuant to Section 2-1401 of the Illinois Code of Civil Procedure, all bets are off. Pleadings start to fly with all the accuracy of a tee-shirt cannon at a ball game. How do we maintain our litigation discipline in the post-judgment setting?
Two Wrongs Do Not Make a Right: Illinois Adopts the ‘Partial Breach’ DoctrineBy Ronald D. Menna, Jr.Civil Practice and Procedure, June 2024Illinois follows the “first-to-breach" rule, which holds a material breach of a contract provision by one party may be grounds for releasing the other party from its contractual obligations.
The State of Snap Removal in Illinois District CourtsBy Blake KolesaCivil Practice and Procedure, August 2023Snap removal is a tactic by which the plain language of the removal statute has been construed by many courts to permit a federal forum when the parties to an action would ordinarily not be permitted to remove the action to federal court.
Procedural Pitfalls Prevent Plaintiff’s Recovery Under Personnel Record Review ActBy J. Matthew PfeifferCivil Practice and Procedure, May 2023The appellate court recently addressed particular nuances of Illinois’ Personnel Record Review Act, ultimately deciding that a defendant was entitled to a judgment on the pleadings due to the plaintiff’s failure to strictly follow the law’s procedural requirements.
Looking For Deeper Pockets? What About Negligent Entrustment?By Mark RouleauCivil Practice and Procedure, February 2023Negligent entrustment is one type of legal doctrine that may apply and serve to expand the circle of potentially negligent defendants, thereby expanding the potential for a greater recovery.
What Is the Duty to Protect a Known Trespasser From an Open and Obvious Danger?By Robert HandleyCivil Practice and Procedure, January 2023A summary of Quiroz v. Chicago Transit Authority, in which the court considered whether the Chicago Transit Authority owed a duty of care to the plaintiff's decedent, who was struck by train.
Battle Lines on the Verdict Form: How Many Lines Should Go to the Jury?By Kingshuk RoyCivil Practice and Procedure, November 2022There is often a dispute at trial over how many lines should be included on the verdict form. Some advocate for separate lines for each distinct damage claim while others seek to combine damage categories into a single line. This article reviews how appellate courts have handled this dispute.
Nixing SOJ as of Right Results in Appellate ReversalBy J. Matthew PfeifferCivil Practice and Procedure, July 2022In Gohari v. McDonald’s Corp., the appellate court held that because a trial court judge had not ruled on any substantial issues and had not begun a hearing on the merits before a party made a motion for substitution of judge as of right, section 2-1001 of the Illinois Code of Civil Procedure required such motion to have been granted.
Do Not Try This YourselfBy Nigel S. SmithCivil Practice and Procedure, September 2021A look at why laypeople should hire attorneys to handle their more complex legal issues.
Judicial Admissions in Motion PracticeBy Nicholas J. KamenjarinCivil Practice and Procedure, September 2021A summary and analysis of Abruzzo v. City of Park Ridge.
A Litigant’s Absolute Right to a Substitution of Judge: ‘Test the Waters’ Doctrine AbolishedBy Judge Brian McKillip, (ret.)Civil Practice and Procedure, July 2021In Palos Community Hospital v. Humana Insurance Company, the Illinois Supreme Court dealt a fatal blow to a doctrine that had clouded the issue of a litigant’s absolute right to a substitution of judge in a civil action.
The Mechanics Lien ActBy Hon. John C. Griffin, (ret.)Civil Practice and Procedure, July 2021In CB Construction & Design LLC v. Atlas Brookview, LLC, the appellate court affirmed the trial court's dismissal of a mechanics lien count for failure to name a necessary party within 30 days of a section 34 demand to commence suit.
Reminder: Courts ‘Do Not Serve as a Safety Net for Bad Choices”By Ronald D. Menna, Jr.Civil Practice and Procedure, December 2020In Doe v. Parrillo, the appellate court examined the consequences of a defendant’s and his attorneys’ refusal to attend and participate in the jury trial.
Contingent Fees: Success Fee—What Are They?By Patrick M. KinnallyCivil Practice and Procedure, August 2020A summary and analysis of Grund & Leavitt v. Stephenson, in which a law firm filed a complaint against a former client to recover under a written agreement whereby plaintiff would provide legal representation and services for defendant and defendant would pay plaintiff hourly attorney fees and costs as incurred and, additionally, a “final bill.”
Restrictive Covenant Rules in the Real WorldBy Joe SouligneCivil Practice and Procedure, August 2020Although the law regarding restrictive covenants is often considered well settled, such contractual clauses can still lead to many fundamental disagreements as to their enforceability, especially where commercial interests are concerned.
