Appellate court clarifies how to properly complete a summons
Recently, in Arch Bay Holdings, LLC-Series 2010B v. Perez, the Appellate Court set another trap for the unwary plaintiff, holding that service of summons is ineffective where a defendant’s name is not listed on the face of the summons, even though her name is listed on the attachment directing that she be served.
A constitutional question about reduced jury size
Public Act 98-1132 goes into effect June 1, 2015. Trial lawyers will be keenly interested in the Act’s change to 735 ILCS 5/2-1105(b), which provides: “All jury cases shall be tried by a jury of 6.”
The importance of knowing and following the rules
A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
Judicial “es-top-pel”—Bankruptcy debtors beware
Judicial estoppel applies in cases where a debtor claims an asset not revealed in a bankruptcy filing, and his omission may or may not preclude him from seeking compensation on a viable state law tort claim.
Love means never having to say you’re sorry
On July 21, 2015, the Governor signed Public Act 099-0090, creating an end to ‘heart balm’ actions and freeing the citizenry from actions for alienation of affections, breach of promise to marry, and criminal conversation.
McVey v. M.L.K. Enterprises: Proper calculation of the hospital lien
In McVey v. M.L.K. Enterprises the Illinois Supreme Court overruled Stanton v. Rea and found, unequivocally, that the plain text of the Healthcare Services Lien Act requires that neither attorney’s fees nor costs be deducted before calculating the statutory maximum lien on plaintiff’s award.
Pennsylvania judge takes a bold stand against unprofessional conduct
Recently Judge Paul Panepinto, presiding over a Philadelphia, Pennsylvania, medical malpractice action, imposed a sanction of almost $1 million upon an attorney due to her expert witness’ violation of an agreed order in limine. Could such a sanction be imposed in Illinois to promote attorney professionalism?
Proposed class action not mooted by defendant’s tender
The important consideration in determining whether a named representative’s claim is moot is whether that representative filed a motion for class certification prior to the time when the defendant made its tender.
Statutory silence on burden of proof
It seems reasonable to infer that the General Assembly desires the same clear and convincing evidence norm in removal petition cases as it has expressly articulated for custody order modification cases. Individual statutes should be interpreted, at times, by references to other statutes.