Member Groups

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

Browse articles by year: 2019 (9) 2018 (22) 2017 (29) 2016 (30) 2015 (31) 2014 (35) 2013 (34) 2012 (39) 2011 (22) 2010 (27) 2009 (29) 2008 (33) 2007 (39) 2006 (31) 2005 (22) 2004 (19) 2003 (14) 2002 (14) 2001 (17) 2000 (14) 1999 (17)

Newsletter Articles From 2019

Book review: ‘Adjudicating Illinois: Justices of the Illinois Supreme Court’ By Judge Barb Crowder, (ret.) June 2019 A review of John Lupton's book, ‘Adjudicating Illinois: Justices of the Illinois Supreme Court.'
Does a guardian ad litem have immunity in a minor’s guardianship proceeding? By Patrick Kinnally January 2019 In Vlastelica v. Brend, the appellate court held that a child representative in a family law case enjoys absolute immunity from civil liability claims of legal malpractice, breach of fiduciary duty, and interference with a parent’s child custody rights.
‘I didn’t mean it!’: Changing deposition testimony with errata sheets By George Bellas & Svetlana Meltser June 2019 Errata sheets allow a witness to make changes to transcripts prior to submitting it as part of discovery, but to what extent can they be used to correct or corrupt testimony?
Illinois Supreme Court upholds 50/50 split on crossclaim for contribution by one ‘blameless’ principal of a common agent against another By Andrea L. Kmak & Kimberly A. Davis February 2019 The Illinois Supreme Court held in Sperl v. Henry, et al. that the Contribution Act may be applied to apportion liability between two principals that are vicariously liable for the same agent’s negligence.
A keepsake: The Due Process Clause in civil litigation—People v. Gawlak By Patrick M. Kinnally March 2019 In People v. Gawlak, the Illinois Supreme Court considered whether the circuit court arbitrarily violated the due process rights of a defendant
Lost text messages lead to sanctions By George Bellas March 2019 Schmalz v. Village of North Riverside, et al. highlights the importance of taking measures to preserve data from mobile devices, as well as the risks associated with failing to take such measures.
Medical testimony and the “reasonable degree of medical certainty” standard By Mark Rouleau January 2019 The meaning of "reasonable degree of medical certainty" is often misunderstood by physicians, making it extremely important to explain this legal term to a client’s treating physicians before their depositions are taken.
Will the real Jesse Gurley please accept service By John J. Holevas February 2019 In Pickens v. Aahmes Temple #132 LLC, the appellate court upheld the trial court’s ruling that service of process was proper when the defendant listed the name of its registered agent but failed to include the agent’s correct suffix when another person by the same name with a different suffix was the individual actually served.