January 2018 Bench and Bar Newsletter

By Stephanie Jones

Allen v. Cam Girls, LLC d/b/a Jazzercise Glenview, et al. is consistent with the long line of Illinois jurisprudence holding that a personal injury plaintiff bears the burden of proof on proximate causation, and speculation, conjecture, and guesswork are not sufficient to raise genuine issues of material fact on that element.

By Raymond J. McKoski

Canon 3(A)(4) of the Illinois judicial code permits judges to “make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard.” Does this provision help Illinois judges decide whether to intervene in a proceeding in which only one party has an attorney?

By Michael G. Cortina

The “return to the fray” doctrine is a little-known theory that could result in harsh consequences for debtors that receive a discharge in bankruptcy, but choose to continue litigating post-discharge against creditors or other entities.

By Hon. Mary Kay Rochford

Illinois Supreme Court Rule 9(c) (eff. Dec. 13, 2017), exempts certain documents from e-filing and includes a good cause exemption in subsection (4). On December 13, 2017, the Illinois Supreme Court amended Rule 9(c)(4), to define the nature of “good cause” and detail the procedures for obtaining such an exemption.

By Edward Casmere

The rules controlling how lawyers communicate with the public may be in for an overhaul.

Recent changes to Illinois' Judiciary.