Beware of the pitfalls of Supreme Court Rule 216By Michael J. MarovichSeptember 2003All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 2003 WL 21498945 (Ill. App. 1 Dist., June 30, 2003) and Montalbano Builders, Inc. v. Rauschenberger, 2003 WL 21742271 (Ill. App. 3 Dist., July 25, 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216.
Cashing out the structured settlementBy W. Eric FaskingFebruary 2003An increasing trend in the marketplace is for factoring companies to entice successful personal injury claimants into cashing out structured settlements.
Challenging “good-faith” settlements in IllinoisBy Melinda S. KollrossMarch 2003A good-faith settlement is a prerequisite to the benefits of the Joint Tortfeasor Contribution Act (the "Contribution Act") (740 ILCS 100/2(a)(2000)--to both the settling tortfeasor's right of contribution and that tortfeasor's insulation from liability in contribution to others.
Landeros and the use of affidavits in the resolution of motions for summary judgmentBy Russell W. HartiganNovember 2003Affidavits have long played an important role in civil litigation. In Landeros v. Equity Property and Development, the appellate court of Illinois has confirmed that lawyers must comply with the applicable rules of civil procedure in preparing affidavits for use in opposing a motion for summary judgment.
Limitations on witness interviewsBy Robert T. ParkJanuary 2003In the course of preparing a case, an attorney or paralegal may need to talk to potential witnesses to learn what information, favorable or adverse, may be elicited at trial.
Medical lienholders bewareBy Michael J. MarovichMay 2003Any plaintiff's personal injury attorney eventually will have to deal with a health insurance carrier's attempts to collect healthcare payments made on behalf of a personal injury victim from the proceeds of any settlement or judgment
Recovery of evidence deposition and transcription costs: An updateBy Michael J. MarovichNovember 2003In Vicencio v. Lincoln-Way Builders, Inc, 204 Ill.2d 295, 789 N.E.2d 290 (2003), the Illinois Supreme Court resolved a split in the lower courts as to whether a plaintiff may recover as taxable costs the professional appearance fees of a treating physician.
A summary on summary judgmentBy Patrick M. KinnallyJanuary 2003Section 5/2-1005(c) of the Illinois Compiled Statutes states that summary judgment "shall be rendered without delay if the pleadings, depositions and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
Witnesses, statements and depositionsBy Patrick M. KinnallySeptember 2003I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.