Trial Briefs

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

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2012 Articles

Seventh Circuit throws the baby out with the bathwater in class action certification—Class counsel’s misconduct as basis for decertifying class: Creative Montessori Learning Centers v. Ashford Gear LLC, No. 11-8020 November 22, 2011 By Mark Rouleau January 2012 It seems strange that any otherwise appropriate class actions should be entirely decertified simply due to the conduct of the putative class counsel, which took place prior to the instigation of the suit. It would seem far more equitable, and in keeping with the interests of protecting the class members, for the court to appoint new or interim counsel, if current counsel’s conduct indicates that he will not “fairly and adequately” represent the entire class, rather than to throw its entire case out of court.
Standing to childrear: 2013 By Jeffrey A. Parness October 2012 For now, standing to childrear in Illinois will be generally limited to biological and adoptive parents. But that may change soon with increasing calls for statutory reforms and precedents recognizing that children’s best interests, as well as societal and quasi-parental interests, should not automatically yield to superior parental rights seemingly waived without any judicial oversight.
Sufficiency of tender terminating right to judgment interest By Mark Rouleau February 2012 The recent First District case of Poliszczuk v. Winkler, 2011 Ill. App. 1st Dist. 101847, discusses in detail what constitutes a sufficient tender of payment of judgment so as to toll the defendant’s further obligation to pay judgment interest pursuant to Illinois Code of Civil Procedure.
The supervisory authority of the Supreme Court of Illinois: A powerful tool for the court and practitioner alike By Matthew R. Carter April 2012 Illinois Supreme Court Rule 383 provides the requirements for a motion for supervisory order. These motions are rarely granted, yet they have been used successfully at every stage of litigation in Illinois.
Supreme Court allows juror questioning of witnesses: New Supreme Court Rule 243 By Mark Rouleau April 2012 The Illinois Supreme Court has adopted a new rule, S.C.R. 243, which takes effect July 1, 2012.
Supreme court clarifies fraudulent misrepresentation pleading requirements By Sara Siegall August 2012 Bonhomme v. St. James serves as an important reminder that practitioners should take care to preserve adverse rulings for appeal, and that the failure to take small, simple steps may lead to big and unfortunate consequences. 
Upholding the plain language reading of non-competition bargains: Citadel v. Teza Technologies LLC By Matthew R. Carter May 2012 This article discusses the appellate court’s decision in Citadel  v. Teza Technologies LLC, describes how it might be applied by employers and employees going forward, and ultimately suggests that, because of Reliable Fire Equipment Co. v. Arredondo, the Citadel opinion may have greater application than it did when the opinion was first published.
When dispositive motions are not served on counsel of record but that counsel failed to obtain leave of court to appear—What happens? By Robert Handley November 2012 A summary of the recent case of J.P. Morgan v. Straus.
Workers’ compensation is an injured employee’s sole remedy By Robert T. Park September 2012 The recent decision in Rodriguez v. Frankie’s Beef/Pasta & Catering illustrates the use of the Workers’ Compensation Act as a defense to a negligence suit.