The ambiguity of intent in the tort of battery
The author discusses the two main theories of intent recognized across jurisdictions, explains what is at stake in choosing one over the other, outlines Illinois’ law regarding the matter, looks into whether the new Restatement (Third) of Torts provides any clarity on what “intent” requires, describes how other jurisdictions have interpreted the Restatement, and shows how this problem may best be solved.
A cautionary tale in criminal cases
The rulings in Seal and Ames demonstrate the Appellate Court is willing to reverse a conviction where the defendant is not given Rule 401(a) admonishments at the time he waives counsel.
A message from the Bench & Bar Section Chair, Judge Jeanne Reynolds.
Critical changes in child-related domestic relations law
On January 1, 2016, multiple legislative amendments to the Illinois Marriage and Dissolution of Marriage Act take effect. This article examines several critical changes in light of courtroom and litigation practice.
The importance of knowing and following the rules
A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
The importance of standard of review in deciding to appeal
Because the standard of review determines the level of deference the reviewing court will afford to the judgment of the lower court, understanding what standard applies is critical, because it can impact not only your decision as to whether to pursue an appeal in the first instance, but also the selection of the issues you will raise in the appeal.
Joseph Tybor, 1947-2015
Remembering Joe Tybor's contributions to the Illinois Supreme Court and the Illinois judiciary in his 17 years as Director of Communications for the Court.
Judge James Holderman retires
Now, 30-years and one month after his swearing in, Judge Holderman is retiring as a Judge, but not retiring from the legal profession. He is joining one of the mediation and arbitration services where he hopes to continue helping people resolve their disputes.
Judge Paul Biebel shaped criminal court
Judge Paul P. Biebel, Jr. retired on July 6, 2015, after 19 years on the Circuit Court of Cook County. He spent 14 of those years as Presiding Judge of the Criminal Court.
Pennsylvania judge takes a bold stand against unprofessional conduct
Recently Judge Paul Panepinto, presiding over a Philadelphia, Pennsylvania, medical malpractice action, imposed a sanction of almost $1 million upon an attorney due to her expert witness’ violation of an agreed order in limine. Could such a sanction be imposed in Illinois to promote attorney professionalism?