Publications

Section Newsletter Articles on Civil Practice

‘I didn’t mean it!’: Changing deposition testimony with errata sheets By George Bellas and Svetlana Meltser Civil Practice and Procedure, June 2019 Errata sheets allow a witness to make changes to transcripts prior to submitting it as part of discovery, but to what extent can they be used to correct or corrupt testimony?
Lost text messages lead to sanctions By George Bellas Civil Practice and Procedure, March 2019 Schmalz v. Village of North Riverside, et al. highlights the importance of taking measures to preserve data from mobile devices, as well as the risks associated with failing to take such measures.
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak and Kimberly A. Davis Civil Practice and Procedure, February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.
Will the real Jesse Gurley please accept service By John J. Holevas Civil Practice and Procedure, February 2019 In Pickens v. Aahmes Temple #132 LLC, the appellate court upheld the trial court’s ruling that service of process was proper when the defendant listed the name of its registered agent but failed to include the agent’s correct suffix when another person by the same name with a different suffix was the individual actually served.
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas and Jillian Tattersall Agricultural Law, January 2019 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Court annexed mandatory arbitration pointers By Margie Komes Putzler and Steve Tefft Civil Practice and Procedure, December 2018 If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process. 
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas and Jillian Tattersall Trusts and Estates, December 2018 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Snow and ice: Natural and obvious? By Jason G. Schutte Civil Practice and Procedure, October 2018 The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC
What is the valuation standard for valuation of a minority interest in an Illinois LLC? By George Bellas and Jillian Tattersall Civil Practice and Procedure, October 2018 When a minority interest holder leaves an Illinois limited liability company, determining the value of that former member’s share presents counsel and courts with questions of methodology.
Orders of protection cases often involve surprises By Gary L. Schlesinger and Rachael Bernal Civil Practice and Procedure, September 2018 If items not specified in a petition for an order of protection fall within section 214 of the Domestic Violence Act, respondents will be at a disadvantage in attempting to fashion a defense.
Self-authentication of electronic evidence By George Bellas Civil Practice and Procedure, September 2018 As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
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.
Trails, tribulations, and tort immunity: Then and now By Patrick M. Kinnally Civil Practice and Procedure, February 2018 We have two opinions from the Illinois Supreme Court (Corbett v. County of Lake and Cohen v. Chicago Park District) which provide today’s perception of the judiciary’s interpretation of the Local Government Tort Immunity Act.
Vicarious liability bars contribution between principal defendants By Jason G. Schutte Civil Practice and Procedure, February 2018 Where the liability of multiple defendants derives wholly from the alleged action of one single defendant, a right of contribution may not exist. This situation was discussed extensively in the recent case of Sperl v. Henry, et al.
The question of possession, custody, or control in production By George S. Bellas and Michael Rizo Federal Civil Practice, April 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Failure to file proof of service proves fatal for Circuit Court appeal By Brent Eames Workers' Compensation Law, March 2017 The case of Springfield Coal Company, LLC v. IWCC, et al. should send a clear message to practitioners that strict compliance with section 19(f)(1) is expected by reviewing courts.
The question of possession, custody, or control in production By George S. Bellas and Michael Rizo Civil Practice and Procedure, January 2017 Unfortunately, the F.R.Civ.P. do little to define the meaning of “possession, custody or control,” leaving parties to determine the definition from case law.
Uncertainties when only principals are sued for the acts of agents By Jeffrey A. Parness and 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.
Yarbrough v. Northwestern Memorial Hospital: Expansion of apparent agency principles or a new application of existing law? By Sara M. Davis Civil Practice and Procedure, January 2017 Can a hospital be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Seymour Mun. Hosp. and its progeny for the acts of the employees of an unrelated, independent clinic that is not a party to the present litigation?
The upcoming 2017 Allerton Conference: The changing landscape of civil practice: Technology, ethics & economics By Jessica A. Hegarty Civil Practice and Procedure, December 2016 The biennial Allerton Conference will be held April 19-21, 2017 at Starved Rock Lodge in Utica, Illinois.
Fee petitions: Kaiser and beyond By James J. Ayres Civil Practice and Procedure, November 2016 Counsel seeking an award of reasonable attorney fees by a circuit court would be well advised to not only ensure that the content of the billable time entries comply with Kaiser but also that the evidence sought to be introduced in support of the fees claimed complies with Aliano.
2-622 certificate of merit not necessary in simple medical battery claim By Jason G. Schutte Civil Practice and Procedure, February 2016 Attorneys, claims adjusters and risk management professionals should pay close attention to the facts of Fiala v. Bickford Senior Living Group, LLC and the allegations within the plaintiff’s complaint.
Step-by-step civil juries in a nutshell By Hon. Jim Ryan and Hon. Joseph D. Panarese Young Lawyers Division, February 2016 An overview of the civil jury process.
Step-by-step civil juries in a nutshell By Hon. Jim Ryan and Hon. Joseph D. Panarese Civil Practice and Procedure, February 2016 An overview of the civil jury process.
Court erred in admitting text messages By Michael R. Lied Civil Practice and Procedure, June 2015 Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
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.
Two cases illustrate res judicata’s broad reach By Robert T. Park and Christopher M. Sorenson Civil Practice and Procedure, August 2014 A look at Semb’s, Inc. v. Gaming & Entertainment Management-Illinois, LLC and Wanandi v. Black.
Price v. Phillip Morris: Back from the dead? The appellate court finds the trial court exceeded the scope of its Section 2-1401 review By Hon. Russell W. Hartigan and Jessica L. Fangman Civil Practice and Procedure, July 2014 On April 29, 2014, the Illinois Appellate Court decided Price v. Phillip Morris, and found the trial court exceeded the scope of its section 2-1401 review.
Illinois court finds default judgment proper only after notice and repeated failure to comply By Hon. Russell W. Hartigan and Griffen Thorne Civil Practice and Procedure, May 2014 On February 11, 2014, the Illinois Appellate Court decided Locasto v. City of Chicago, reversing a trial court’s grant of default judgment against the defendant, which consistently failed to meet discovery deadlines.
The Supreme Court provides an opportunity for a cautionary reminder By Patricia A. Zimmer Tort Law, April 2014 In Country Preferred Insurance Company v. Whitehead, the Illinois Supreme Court held that a contractual time limitation for bringing an uninsured benefits demand for arbitration was not contrary to public policy.

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