Browse articles by year:

2020 Articles

Back to Basics: Accuracy of Proposed Demonstration and Proper Foundation for Permanency Opinions by Plaintiff’s Expert are Prerequisites to Admissibility By Michael A. Beci & Andrea L. Collins June 2020 In Ackerman v. Yapp, et al., the first district touches on important evidentiary principles pertaining to expert opinion testimony and demonstrative evidence at trial, as well as standards the party offering the evidence must meet for admission of such evidence.
Chicken Dinner Warrants Recusal? Not So Fast! By David W. Inlander & Ronald D. Menna, Jr. March 2020 An analysis of judicial recusal.
Discovery Sanctions and the Importance of Thorough Preparation of Written Discovery Responses By Deanna L. Litzenburg June 2020 While the process of answering written discovery requests can often be tedious, it is necessary for practitioners to take an active role in preparing responses and facilitating full and complete disclosures from their clients in accordance with the Illinois rules.
A Flaming Flannel Shirt Gets Extinguished by Illinois Premises Liability Precedent By Andrew B. Carroll & Andrea L. Collins June 2020 In Smith v. The Purple Frog, Inc. d/b/a Pottsie’s Place, the apellate court upheld longstanding premises liability precedent concerning open and obvious conditions and an owner’s duty to warn.
No Notice, No Appeal: The Importance of Preserving Issues for Appeal By Mac R. Cepican & Andrea L. Collins June 2020 The Supreme Court of Illinois recently held in Crim v. Dietrich that the appellate court’s reversal of a judgment and remanding a case for new trial does not require a trial de novo on all claims.
Plaintiff Lacks Capacity to Sue: Is the Judgment Void?: Askew Insurance Group, LLC v. AZM Group, Inc., 2020 IL App (1st) 190179 By Robert Handley June 2020 A summary of Askew Insurance Group, LLC v. AZM Group, Inc., which involved a breach of lease complaint.
A Primer: Expert Opinions—IRE 702-705 May 2020 The Illinois Supreme Court has repeatedly warned about the overuse of opinion witnesses.
So You Want to Use Social Media Posts as Evidence? By Misty Cygan May 2020 While social media posts are not so different from the more traditional paper evidence, there are unique challenges to getting them into evidence.
Special Interrogatories: Not So Special Anymore By John J. Holevas March 2020 The Illinois General Assembly recently approved extensive revisions to 735 ILCS 5/2-1108 dealing with special interrogatories. These changes will apply to trials commencing on or after January 1, 2020, and may cause litigators to rethink the effectiveness of special interrogatories.
The Unlimited Potential of Limited Scope Engagements By Joe Souligne March 2020 Limited scope engagements, which are an often-overlooked tool, can be advantageous to both lawyers and clients.