Trial Briefs

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

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2021 Articles

The Confidentiality of Mental Health Records: When Are They Secret? By Patrick M. Kinnally May 2021 When the focus of court mandates are mental health records, the bar for disclosure of such records and communications requires pause, perspicacity, and patience.
Constitution Persists Even During a Pandemic: Texas Federal Court Finds Against Government in Challenge to Federal Eviction Moratorium By Hannah R. Lamore March 2021 A summary and analysis of Lauren Terkel et al. v. Centers for Disease Control and Prevention et al.
Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp. By Robert Handley February 2021 A summary and analysis of Michael Konewko v. Advocate Health & Hospitals Corp.
Do Not Try This Yourself By Nigel S. Smith September 2021 A look at why laypeople should hire attorneys to handle their more complex legal issues.
Ethical Practices in the Email Age: Courtesy Copy Emails to Judges By David W. Inlander & Ronald D. Menna, Jr. May 2021 As the court system has evolved into the era of permitting emails to transmit courtesy copies of pleadings and motions, a troubling trend has ensued: Courtesy copy emails are being used to raise new arguments or make disparaging comments.
Ethical Practices in the Email Age: Rule of Professional Conduct 4.2 and ‘Reply All’ Emails By David W. Inlander & Ronald D. Menna, Jr. November 2021 As more and more legal communications are via email rather than carefully proofread letters, new ethical minefields are being discovered.
Illinois Supreme Court Case Report By Hon. Brian McKillip, (ret.) November 2021 Summaries of recent Illinois Supreme Court cases.
Illinois Supreme Court Holds Private Process Server Must Be ‘Special’ to Serve in Cook County for Action Filed in Another County By Hannah R. Lamore September 2021 A summary and analysis of Municipal Trust and Savings Bank v. Dennis J. Moriarty.
Judicial Admissions in Motion Practice By Nicholas J. Kamenjarin September 2021 A summary and analysis of Abruzzo v. City of Park Ridge.
Lawyer Survival Requires Embracing Technology By George Bellas July 2021 Technology has allowed lawyers to adhere to the requirements of social distancing during COVID, but has also presented the profession with new challenges.
A Litigant’s Absolute Right to a Substitution of Judge: ‘Test the Waters’ Doctrine Abolished By Judge Brian McKillip, (ret.) July 2021 In Palos Community Hospital v. Humana Insurance Company, the Illinois Supreme Court dealt a fatal blow to a doctrine that had clouded the issue of a litigant’s absolute right to a substitution of judge in a civil action.
The Mechanics Lien Act By Hon. John C. Griffin, (ret.) July 2021 In CB Construction & Design LLC v. Atlas Brookview, LLC, the appellate court affirmed the trial court's dismissal of a mechanics lien count for failure to name a necessary party within 30 days of a section 34 demand to commence suit.
A Practical Decision as to What ‘As Soon as Practicable’ Means By J. Matthew Pfeiffer March 2021 In the recent appellate decision Lathrop v. Safeco Insurance Co., the court considered at the meaning of "as soon as practicable."
Reminder: Stay Up-to-Date on Illinois Supreme Court Rules By Hannah R. Lamore May 2021 Summaries of newly adopted and recently updated Illinois Supreme Court Rules.
Why and How to Request Native File Formats in Requests for ESI Production By George Bellas & Leslie Nelson February 2021 As more of daily life continues to shift online—now accelerated due to the pandemic—the importance of electronically stored information will undoubtedly continue to increase across all litigation.