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2026 Articles

2025 Joint Midyear Meeting Photos February 2026 The Illinois State Bar Association and the Illinois Judges Association proudly co-hosted the 2025 Joint Midyear Meeting on December 11–12 at the JW Marriott Chicago, bringing members of the legal community together for two days of connection and collaboration.
Audit Trails and the Scope of Medical Record Discovery in Illinois By Courtney A. Berlin & Mary Dalenberg February 2026 As electronic medical records have become standard practice, discovery disputes focus on not only what appears in the patient chart, but how the chart was created, accessed, and modified. One of the most contested sources of that data is the audit trail, a system-generated log showing when records were accessed, altered, or reviewed. 
“But For” Plaintiff Motion in Limine Explained for Lost Chance By Nicholas T. Motherway April 2026 Learn more about the "But For" Motion in Limine that may be necessary for your next medical malpractice lost chance theory case. 
Forum Non Conveniens Motion to an Adjacent County By Albert Durkin March 2026 It is rare that a plaintiff’s choice of forum would be overcome by a forum non conveniens motion to an adjacent county. In Seilheimer, the First District upheld a plaintiff’s right to select the forum for filing a personal injury claim. 
Illinois Supreme Court Rule 103(b): Diligence in Planning Equals Diligence in Service By Brian Murphy March 2026 Plaintiff’s counsel must be proactive as it relates to obtaining proper service. It will not happen on its own. Taking simple steps can prevent big headaches.
Not So Exclusive Remedy: Allergic Reactions at Work By Dennis M. Lynch March 2026 A look at Rivas v. Benny's Prime Chophouse, a First District Appellate Court case that illustrates the important interplay between workers’ compensation law and direct liability claims against an employer. 
Overview of Proper Witness Disclosures Under Illinois Rule 213 By Gregory R. Jones April 2026 In Illinois, it is incumbent on practitioners to know how to make proper witness disclosures to avoid witness or testimony exclusions at or before trial. Illinois Supreme Court Rule 213 sets forth various requirements for different types of witness disclosures in civil litigation, as well as the limitations on testimony resulting from disclosures.
Practical Tips and Reminders From a Fifth-Year Plaintiff’s Personal Injury Attorney By Josephine Shanes February 2026 A look into tips that help a fifth-year personal injury attorney navigate the practice and the challenges that come from opposing counsel, clients, and other stakeholders. 
Recent Developments in Motions for Substitution of Judge as a Matter of Right By Dennis M. Lynch March 2026 Substitution of judge motions can be some of the most impactful motions in a case. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Second District Holds That the Amount Paid Pursuant to a High-Low Agreement Falls Within the Scope of the Illinois Joint Tortfeasor Contribution Act By Michael R. Hartigan February 2026 In Thompson v. Centegra Mgmt. Services, the Second District clarified the issue of whether a counterclaim for contribution was required in order to assert a set off. Pursuant to Thompson, the amount paid pursuant to the high-low agreement falls squarely within the ambit of the Contribution Act. 
Tort Trends By Ava L. Caffarini April 2026 In a 2023 opinion, Health and Hosp. Corp. of Marion Cnty. v. Talevski, the Supreme Court of the United States found that specific sections of the Federal Nursing Home Reform Act provided a private right of action for nursing home residents enforceable through 42 U.S.C. § 1983 against their government-operated nursing homes.
When Does the Deliberate Encounter Exception Apply to an Open and Obvious Condition? By Brent R. Eames February 2026 An analysis of the appellate court’s reasoning in Hertz v. City of Fairbury: Based upon the court’s reasoning in Hertz, it should be clear that any defect which only poses a minor inconvenience to navigate will not be considered valid for purposes of invoking the deliberate encounter exception to an open and obvious condition.
Wilcox v. Advocate Condell Is a Roadmap To Litigate System-Based Institutional Negligence February 2026 The First District in Wilcox v. Advocate Condell Medical Center upheld the longstanding principle that a hospital’s direct liability is not limited strictly to “administrative functions." When appropriate, plaintiff’s attorneys should plead and prove institutional negligence claims in addition to claims for respondeat superior and/or individual providers’ medical negligence.