Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2000 Articles

Case summary—attorney has duty to report fraud to ARDC By Robert T. Park May 2000 Skolnick v. Altheimer & Gray (3/23/00)--Plaintiff attorney was investigated by the Attorney Registration and Disciplinary Committee (ARDC) based on letters sent to the ARDC by his law firm and one of its member lawyers
Collegiality creates civility By Roger W. Eichmeier August 2000 Beginning in the mid 1990's a Code of Courtroom Civility was proposed for the purpose of making lawyers engaged in litigation more courteous and respectful toward one another.
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally October 2000 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
The deliberative process evidentiary privilege (Civil Practice Committee 1/5/00) By John B. Kincaid August 2000 In People Ex. Rel. Birkett v. City of Chicago, the City raised a "deliberative process privilege" to prevent the disclosure of future plans to improve and enlarge the O'Hare Field facility.
Liability in diving cases: rarely open and obvious By Dennis H. Stefanowicz September 2000 People involved in diving accidents are usually seriously injured and all face a difficult legal battle.
McDonnell v. Partlin and the empty chair defense: clarity or quagmire? By Roger M. Scrivner September 2000 In a unanimous decision, the Illinois Supreme Court ruled that defendants may use the "empty chair" defense in a medical negligence case, even though there is no opinion evidence of professional negligence offered by a defendant against the missing party.
Physician’s duty to disclose financial arrangements with HMO By John M. Burke 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.
Plaintiff’s pre-existing conditions irrelevant absent medical proof causation By John M. Burke October 2000 Under Illinois law when a plaintiff is injured, he or she must show by a reasonable degree of medical certainty that the injury complained of was caused by the accident.
Recent decisions—punitive damages By Joseph G. Bisceglia & Rudy Kratz March 2000 The recovery of punitive (or exemplary) damages--indeed, the mere threat of punitive damages--can radically alter the landscape of a civil dispute.
Recovery for reduced or unpaid medical costs By Robert T. Park October 2000 Courts in Illinois and elsewhere have long struggled to deal fairly with plaintiffs who benefit from free or low-cost medical services.
Rule 213 opinion witness case update By Daniel P. Wurl May 2000 The Illinois Supreme court recently passed on its first opportunity to provide some guidance as to the scope of Rule 213(g), which mandates the disclosure of the identity of opinion witnesses and their opinion testimony.
Special interrogatory—the silver bullet By Robert H. Hanaford March 2000 Anyone who has had a verdict torpedoed by a special interrogatory can attest to the dangerousness, or effectiveness, of this trial tool
Substitution of judges as a matter of right under 735 ILCS 5/2-1001(a)2): when is the right absolute? By Richard L. Turner September 2000 When considering action to substitute a judge in a civil proceeding, lawyers must frequently consider the timing of motions to secure substitution as a matter of right.
Supreme Court Rule 216: admission of facts By Angela Imbierowicz August 2000 Supreme Court Rule 216 is a powerful discovery tool.