Section Newsletters

Articles on Civil Practice and Procedure

The Illinois Supreme Court makes major revisions to trial witness disclosures under Rule 213 By Daniel P. Wurl Civil Practice and Procedure, August 2002 The Illinois Supreme Court recently announced significant amendments to Rule 213 relating to the disclosure of trial witness testimony. These amendments took effect on July 1, 2002.
Are opinion witness deposition fees and transcription costs taxable as costs after judgment By Michael J. Marovich Civil Practice and Procedure, April 2002 Between 1999 and today, there has been an increase in Illinois Appellate Court decisions regarding whether a prevailing party in litigation may recover opinion witness fees and transcription costs as taxable costs after judgment is entered.
Rule 213 opinion witness case update By Daniel P. Wurl Civil Practice and Procedure, November 2001 This article provides an update on recent decisions in opinion witness disclosure and testimony under Supreme Court Rule 213.
The importance of prompt settlement notice in the prosecution of underinsured motorist claims By Dennis H. Stefanowicz & Lori L. Meehan Civil Practice and Procedure, October 2001 It may look like a slam dunk. Suppose that a defendant runs a red light, hits your client's car, and causes your client to suffer substantial physical injuries.
Overlapping class actions and the proposed amendments to Rule 23 By James E. Pfander Civil Practice and Procedure, October 2001 During its June 2001 meeting, the Standing Committee on Civil Rules of the Judicial Conference of the United States--the Committee charged with the promulgation of proposed amendments to the Federal Rules of Civil Procedure--took up class action reform.
Do parties have an absolute right to directly question prospective jurors during voir dire? By Scott D. Lane Civil Practice and Procedure, September 2001 Two cases have recently addressed the issue of whether parties have a right to directly question jurors during voir dire: People v. Allen, 313 Ill.App.3d 842, 730 N.E.2d 1216 (2nd Dist. 2000) and Grossman v. Gebarowski, 315 Ill.App.3d 213, 732 N.E.2d 1100 (1st Dist. 2000).
Establishing a protectable interest: forward thinking for clients that use restrictive covenants By David M. Rownd Civil Practice and Procedure, September 2001 One of the worst nightmares for any business is to discover that a trusted employee has decided to leave and begin competing against it armed with its proprietary information and established relationships with its customers.
Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-Shields By Michael K. Goldberg Civil Practice and Procedure, September 2001 Recently, the Fifth District Appellate Court reversed an Order of the Circuit Court of Madison County granting partial summary judgment to defendants, a medical corporation and its assignee, in an action involving the enforceability of a contractual covenant not to compete against a board-certified family-practice physician.
Jury instructions: when is a “normal life” lost? Civil Practice and Procedure, June 2001 Several years ago, I was involved in a trial where the plaintiff was suing my client, a local municipality, because she fractured her leg rather severely while snow sledding with her children.
The surprising viability of the self-critical analysis privilege in Illinois federal courts By David M. Greenwald Civil Practice and Procedure, April 2001 Engaged in discovery in a products liability action in federal district court, you find in your client's files a detailed "Safety Report" analyzing the cause of injuries suffered during use of the product at issue in your case.
Calling all government attorneys Civil Practice and Procedure, March 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency.
Liability waivers/releases: when are they enforceable? By Steven R. McMannon & Ana M. McNamara Civil Practice and Procedure, March 2001 This fall my eight-year-old daughter participated in gymnastics, ballet and soccer. She also took Tae Kwon Do and swimming lessons.
Recent supreme and appellate court opinions in brief Civil Practice and Procedure, March 2001 The supreme court has overruled prior cases regarding the impact of a criminal conviction on a subsequent civil lawsuit resulting from the same incident.
Recovery for reduced or unpaid medical costs By Robert T. Park Civil Practice and Procedure, October 2000 Courts in Illinois and elsewhere have long struggled to deal fairly with plaintiffs who benefit from free or low-cost medical services.
Physician’s duty to disclose financial arrangements with HMO By John M. Burke Civil Practice and Procedure, May 2000 It is difficult to ignore the raging controversy concerning the liability of Health Maintenance Organizations (HMO) to patients for negligent care or lack of care.
Brogan v. Mitchell International, Inc. By Roger W. Eichmeier Civil Practice and Procedure, June 1999 The supreme court in the case of Brogan v. Mitchell International, Inc., 181 Ill.2d 178, 692 N.E.2d 276, held that no cause of action exists for emotional harm from negligent misrepresentation by an employer to an employee in the hiring process.
Demise of the special duty exception to local governmental tort immunity By Timothy W. Kelly Civil Practice and Procedure, June 1999 The Illinois Supreme Court in Zimmerman v. Village of Skokie (1998), 193 Ill.2d 30, 697 N.E.2d 699, 231 Ill.Dec. 914, struck down the "special duty" exception to local governmental tort immunity finding the common law doctrine to be unconstitutional.
In re Marriage of Wheatley v. Wheatley By Roger M. Scrivner Civil Practice and Procedure, June 1999 There is an old saying among trial judges. After the heat of battle cools and the smoke clears, the appellate court shoots the survivors. Such is the case with this decision.
Trial objections at a glance General Practice, Solo, and Small Firm, January 1999 Asks Juror to Prejudice Evidence

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