Will the real Jesse Gurley please accept serviceBy John J. HolevasCivil Practice and Procedure, February 2019In 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.
Court annexed mandatory arbitration pointersBy Margie Komes Putzler & Steve TefftCivil Practice and Procedure, December 2018If you have a case going to mandatory arbitration, here is some basic information that will help demystify the process.
Snow and ice: Natural and obvious?By Jason G. SchutteCivil Practice and Procedure, October 2018The 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 & Jillian TattersallCivil Practice and Procedure, October 2018When 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 surprisesBy Gary L. Schlesinger & Rachael BernalCivil Practice and Procedure, September 2018If 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 evidenceBy George BellasCivil Practice and Procedure, September 2018As technology advances, practitioners must keep up with changes to the Federal Rules of Evidence.
Sexual misconduct and Illinois civil procedure lawsBy Jeffrey A. ParnessCivil Practice and Procedure, February 2018Surely, 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 nowBy Patrick M. KinnallyCivil Practice and Procedure, February 2018We 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 defendantsBy Jason G. SchutteCivil Practice and Procedure, February 2018Where 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 productionBy George S. Bellas & Michael RizoFederal Civil Practice, April 2017Unfortunately, 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 appealBy Brent EamesWorkers’ Compensation Law, March 2017The 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 productionBy George S. Bellas & Michael RizoCivil Practice and Procedure, January 2017Unfortunately, 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 agentsBy Jeffrey A. Parness & Alex YorkoCivil Practice and Procedure, January 2017The 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.
Fee petitions: Kaiser and beyondBy James J. AyresCivil Practice and Procedure, November 2016Counsel 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 claimBy Jason G. SchutteCivil Practice and Procedure, February 2016Attorneys, 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 nutshellBy Hon. Jim Ryan & Hon. Joseph D. PanareseYoung Lawyers Division, February 2016An overview of the civil jury process.
Step-by-step civil juries in a nutshellBy Hon. Jim Ryan & Hon. Joseph D. PanareseCivil Practice and Procedure, February 2016An overview of the civil jury process.
Court erred in admitting text messagesBy Michael R. LiedCivil Practice and Procedure, June 2015Lawyers who want to introduce text messages into evidence must be careful to lay the necessary foundation.
Statutory silence on burden of proofBy Jeffrey A. ParnessCivil Practice and Procedure, June 2015It 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 reachBy Robert T. Park & Christopher M. SorensonCivil Practice and Procedure, August 2014A look at Semb’s, Inc. v. Gaming & Entertainment Management-Illinois, LLC and Wanandi v. Black.
Illinois court finds default judgment proper only after notice and repeated failure to complyBy Hon. Russell W. Hartigan & Griffen ThorneCivil Practice and Procedure, May 2014On 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 reminderBy Patricia A. ZimmerTort Law, April 2014In 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.
Limits on common law privileges and self-critical analysesBy Jeffrey A. ParnessCivil Practice and Procedure, February 2014The recent case of Harris v. One Hope United, Inc. did not elaborate on any differences between General Assembly deference in privilege extension or establishment.
Closing argument: Some topics to considerBy John M. StalmackCivil Practice and Procedure, January 2014A useful article to guide you when crafting your closing arguments.
New guidelines on privileged marital communicationsBy Jeffrey A. ParnessCivil Practice and Procedure, December 2013In 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?
