Articles on Civil Practice and Procedure

Application of the U.S. Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co. to General Personal Jurisdiction in Illinois (and Beyond?) By Carlos A. Vera & Daniel M. Yukich Civil Practice and Procedure, March 2024 In Mallory v. Norfolk Southern Railway Co., the United States Supreme Court ruled that a state statute that requires foreign corporations conducting business in Pennsylvania to consent to general jurisdiction does not violate the Due Process Clause of the Fourteenth Amendment.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Elder Law, March 2024 A checklist of the steps needed to pursue electronic service in Illinois courts.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Legal Technology, Standing Committee on, February 2024 A checklist of the steps needed to pursue electronic service in Illinois courts.
Considerations Following an Award at Trial: Prejudgment Interest and Costs By Derek G. Dominguez Civil Practice and Procedure, December 2023 Prejudgment interest, signed into law by Governor Pritzker in 2021, was meant to encourage settlement in personal injury and wrongful death actions by introducing the potential for interest on judgments obtained in cases where defense counsel fails to make a timely or reasonable pretrial offer.  
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Civil Practice and Procedure, December 2023 A checklist of the steps needed to pursue electronic service in Illinois courts.
Supreme Court Rules Committee to Hold Public Hearing on Civil Practice Proposals By J. Matthew Pfeiffer Civil Practice and Procedure, September 2022 The Illinois Supreme Court Rules Committee will hold a public hearing on October 5, 2022, to seek comments on six proposed amendments to the Illinois Supreme Court Rules, four of which pertain to civil practice.
Illinois Supreme Court M.R. 31228 Civil Practice and Procedure, August 2022 M.R. 31228 for the first time establishes Time Standards for Case Closure in the Illinois Trial Courts effective July 1, 2022
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Local Government Law, August 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Time in a Bottleneck: Living With the Time-to-Disposition Standards By Eugene Doherty Civil Practice and Procedure, August 2022 A look at why attorneys should care about the time-to-disposition standards.
Time Standards Establish ‘Statewide Expectation for Judges, Litigants, and Attorneys’ By Hannah R. Lamore Civil Practice and Procedure, August 2022 On March 25, 2022, the Illinois Supreme Court entered an Order establishing Time Standards for Case Closure in the Illinois Trial Courts, which went into effect on July 1, 2022.
Emergency Preparedness Tips and Resources for Attorneys By Emily N. Masalski Civil Practice and Procedure, July 2022 On July 6, 2022, the Illinois Supreme Court announced the creation of the Supreme Court Committee on Judicial Security and Safety, which will collaborate with judicial and law enforcemnet partners to monitor and review current and anticipated judicial security needs and practices.
ESI: A Primer By George Bellas & Joseph Dybisz Commercial Banking, Collections, and Bankruptcy, July 2022 Because exorbitant litigation costs resulting from complex e-discovery could materially impact a client’s ability to prove a given claim or defense, knowing how to identify, preserve, and negotiate with opposing counsel to obtain relevant electronically stored information presents critical leverage points during e-discovery.
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Alternative Dispute Resolution, July 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Commercial Banking, Collections, and Bankruptcy, July 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Appellate Court Dodges an Interesting Question: Kallal v. Lyons By Robert Handley Civil Practice and Procedure, May 2022 A summary and analysis of Kallal v. Lyons.
ESI: A Primer By George Bellas & Joseph Dybisz Civil Practice and Procedure, May 2022 Because exorbitant litigation costs resulting from complex e-discovery could materially impact a client’s ability to prove a given claim or defense, knowing how to identify, preserve, and negotiate with opposing counsel to obtain relevant electronically stored information presents critical leverage points during e-discovery.
Keys to Increasing Your Prospects for Success in Mediation: Insights from Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Civil Practice and Procedure, May 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Rule 137 Sanctions By Richard Douglass Civil Practice and Procedure, May 2022 Every now and then, our adversaries cross the line by pursuing frivolous claims. And if reason alone is not enough to dissuade them from pursuing such claims, often the best action we can take on behalf of our clients is to seek sanctions under Rule 137.
A Practical Decision as to What ‘As Soon as Practicable’ Means By J. Matthew Pfeiffer Civil Practice and Procedure, March 2021 In the recent appellate decision Lathrop v. Safeco Insurance Co., the court considered at the meaning of "as soon as practicable."
Why and How to Request Native File Formats in Requests for ESI Production By George Bellas & Leslie Nelson Civil Practice and Procedure, February 2021 As more of daily life continues to shift online—now accelerated due to the pandemic—the importance of electronically stored information will undoubtedly continue to increase across all litigation.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte General Practice, Solo, and Small Firm, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Health Care Law, December 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Bias: Instructing Jurors—Illinois Pattern Jury Instructions (Civil) 1.08 By Patrick M. Kinnally Civil Practice and Procedure, November 2020 If the law is going to come from the people, then jurors need to understand they are fact finders as well as the guardians of probity.
Excluded Medical Billing Expert Provides Roadmap for Attacking Opinions Based on Big Data By Jason G. Schutte Civil Practice and Procedure, November 2020 There is an ever-growing industry of experts offering to provide services in personal injury and casualty litigation based on evaluation of property damages and medical charges taken from analysis programs and/or statistical data.
Back to Basics: Accuracy of Proposed Demonstration and Proper Foundation for Permanency Opinions by Plaintiff’s Expert are Prerequisites to Admissibility By Michael A. Beci & Andrea L. Collins Civil Practice and Procedure, June 2020 In Ackerman v. Yapp, et al., the first district touches on important evidentiary principles pertaining to expert opinion testimony and demonstrative evidence at trial, as well as standards the party offering the evidence must meet for admission of such evidence.
A Flaming Flannel Shirt Gets Extinguished by Illinois Premises Liability Precedent By Andrew B. Carroll & Andrea L. Collins Civil Practice and Procedure, June 2020 In Smith v. The Purple Frog, Inc. d/b/a Pottsie’s Place, the apellate court upheld longstanding premises liability precedent concerning open and obvious conditions and an owner’s duty to warn.
Discovery and the Circle of Trust Knowledge By Judge Eugene Doherty Civil Practice and Procedure, August 2019 The purpose of discovery is the transmission of knowledge from one party to the other. But what constitutes “knowledge” of information sufficient to trigger the duty to disclose?
Illinois Supreme Court Rules Delayed Lakefront Trail Repair by Park District Does Not Rise to Willful and Wanton Misconduct By Andrea L. Kmak & Kimberly A. Davis Civil Practice and Procedure, August 2019 The Illinois Supreme Court recently issued a ruling in Cohen v. The Chicago Park District that examined the application of certain sections of the Tort Immunity Act in an injury case.
With a suggestion that the defendant is legally blind, can plaintiff get defendant’s medical records? By Robert Handley Civil Practice and Procedure, June 2019 A summary of Palm v. Holocker.
A keepsake: The Due Process Clause in civil litigation—People v. Gawlak By Patrick M. Kinnally Civil Practice and Procedure, March 2019 In People v. Gawlak, the Illinois Supreme Court considered whether the circuit court arbitrarily violated the due process rights of a defendant

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