Admitting a party’s discovery depositionBy Jeffrey A. ParnessMarch 2011A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
E-discovery: Not as easy as it may soundBy Hon. Daniel T. GillespieAugust 2011What exactly is electronic discovery? Can this help attorneys and their clients? What if the attorney or party makes a mistake and sends out confidential information inadvertently? Can that be retrieved?
Forfeiture by wrongdoing and the Illinois Rules of EvidenceBy Patrick M. KinnallyNovember 2011Forfeiture by wrongdoing should no longer be a doctrine which is only applicable in our state criminal trial courts. New rules can create imaginative ways of thinking and litigating for civil practitioners who use them.
Internet scams & client trust accountsBy Juliet BoydSeptember 2011In this global financial marketplace, it is not unusual for commercial lawyers to never meet their international clients in person. This has resulted in fertile ground for fraud.
Intrusion upon seclusion: A new tort?By John B. KincaidJune 2011Notwithstanding the lack of endorsement or approval from the Illinois Supreme Court, there is sufficient Appellate Court approval for intrusion upon seclusion in Illinois.
The lien epic: Don’t lose your attorney’s lienBy Patrick M. KinnallyApril 2011If we follow the rules as to attorney fee liens we possess, much like all the other lien claimants might have, we can make the final disposition of the litigation a lot more certain.
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse firstBy Hon. James Fitzgerald Smith & Sonja DimitrijevicOctober 2011In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
The preclusive effect of res judicata rulingsBy Laura L. MilnichukApril 2011A look at Williams, et al. v. Ingalls Memorial Hospital, et al., which addressed the res judicata effect of the dismissals of certain claims in an original lawsuit when voluntary dismissals of said claims were later taken and a second lawsuit re-filed
Sanctions and spoliationBy Hon. Barbara CrowderAugust 2011Knowing the potential and most frequently used sanctions may assist counsel in evaluating what steps to take when faced with the loss or destruction of evidence.
Trial court subject matter jurisdictionBy Jeffrey A. ParnessJune 2011The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.