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

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Newsletter Articles From 2013

Traveling employee theory does not extend to employer tort liability By Jason G. Schutte December 2013 The traveling employee concept from workers compensation cases cannot be utilized to hold an employer liable for its employee’s tortious conduct through respondeat superior
The U.S. Supreme Court applies the Common Fund Doctrine to the right to recover payments under an employee benefit plan By Robert T. Park April 2013 The decision in U.S. Airways, Inc. v. McCutchen signals a willingness of the federal courts to apply the common fund doctrine to employee benefit plan reimbursement where the plan does not expressly allocate the cost of recovery from a third party.
What are “allowable costs” in trial practice—2013 By Patrick M. Kinnally May 2013 In his article published over a decade ago (and reprinted in this issue), the author argued that our trial judges and trial lawyers needed a rule that actually reflected what costs were allowable in trials and summary judgment motions litigation in state court. The currency of that argument abides today.
What proceedings in state court are permitted when the dispute is governed by a valid arbitration clause: Recent Illinois cases say hands off until the arbitration award is final By J. Timothy Eaton April 2013 Recent cases demonstrate that the courts give great deference to the parties’ written agreement regarding the arbitration process, and the courts will not insert themselves into the arbitration process until a final award is entered pursuant to the parties’ agreement.