2025 Joint Midyear Meeting PhotosFebruary 2026The 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 IllinoisBy Courtney A. Berlin & Mary DalenbergFebruary 2026As 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.
“Engineering Addiction”—Social & Online Media Harms Bellwether Verdict for PlaintiffBy Michael AlkarakiMay 2026On March 25, 2026, a California state jury rendered a $3,000,000 verdict against Meta Platforms, Inc. and Google, LLC in the trial of a case in which the now twenty-year-old female plaintiff claimed that her depression and anxiety were exacerbated by compulsive childhood use of Facebook and Instagram (Meta) and YouTube (Google) which “were deliberately designed to be addictive."
Forum Non Conveniens Motion to an Adjacent CountyBy Albert DurkinMarch 2026It 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 300: New Procedures, Same Standard in Petitioning for Reasonable Attorneys’ FeesBy Michael RothmannMay 2026Effective July 1, 2025, the Illinois Supreme Court adopted Rule 300,governing attorney fee petitions. The rule allows greater flexibility in fee arrangements and clarifies what courts must review when evaluating attorney compensation. It establishes procedures for filing fee petitions in actions where fees are authorized by statute, rule, contract, or court order, and recognizes a variety of permissible fee structures beyond traditional hourly billing.
Not So Exclusive Remedy: Allergic Reactions at WorkBy Dennis M. LynchMarch 2026A 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 213By Gregory R. JonesApril 2026In 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.
Recent Developments in Motions for Substitution of Judge as a Matter of RightBy Dennis M. LynchMarch 2026Substitution 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.
Sole Proximate Cause—Whose Burden Is It Anyway?By Judge Eileen Marie O’ConnorMay 2026Although a party may plead in the alternative and assert multiple theories of sole proximate cause, the trial court must serve as gatekeeper to ensure that this burden is met. Specifically, the court must ensure that the defendant presents competent evidence establishing that a third party, condition, or combination thereof constituted the sole—rather than a merely contributing—cause of the plaintiff’s injury. Absent such safeguards, the doctrine of sole proximate cause risks misapplication, inviting jury confusion and undermining the integrity of the verdict.
Tort TrendsBy Ava L. CaffariniApril 2026In 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. EamesFebruary 2026An 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 NegligenceFebruary 2026The 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.
