A Flaming Flannel Shirt Gets Extinguished by Illinois Premises Liability PrecedentBy Andrew B. Carroll & Andrea L. CollinsCivil Practice and Procedure, June 2020In 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.
Discovery and the Circle of Trust KnowledgeBy Judge Eugene DohertyCivil Practice and Procedure, August 2019The purpose of discovery is the transmission of knowledge from one party to the other. But what constitutes “knowledge” of information sufficient to trigger the duty to disclose?
Contextual parentageBy Jeffrey A. ParnessCivil Practice and Procedure, December 2018A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Self-authentication of digital records: New Illinois Rule of Evidence 902(13)By George BellasCivil Practice and Procedure, December 2018Effective December 1, 2017, Rule 902 of the Federal Rules of Evidence was amended to add two provisions that authorize self-authentication of electronic evidence by certification.
Presumptions and powers of attorneyBy Patrick M. KinnallyTrusts and Estates, September 2018In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Presumptions and powers of attorneyBy Patrick M. KinnallyCivil Practice and Procedure, July 2018In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Champerty, contingent fees, and client advocacyBy Patrick M. KinnallyCivil Practice and Procedure, May 2018Prospect Funding Holdings, LLC, v. Keenan Saulter and Saulter Tarver, PC provides guidance for how to proceed if you are involved in addressing a client's need for a loan in connection with your representation.
Illinois Supreme Court green lights social host liability case for fraternity hazingBy Andrea L. Kmak & Kimberly A. DavisCivil Practice and Procedure, May 2018While the doctrine against social host liability exists in Illinois, the Bogenberger v. Pi Kappa Alpha Corporation ruling demonstrates that in the presence of certain egregious facts, Illinois courts are willing to lift the protective doctrine against social host liability.
Overview of Interlocutory AppealsBy Angela J. RollinsFederal Civil Practice, September 2017This article provides a brief overview of this complex area of law, describing the various ways an aggrieved party may seek review of an interlocutory order.
Stipulation versus guilty plea: Are both admissions?By Hon. Eugene G. DohertyCivil Practice and Procedure, August 2017It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
Court orders and detective Sergeant Joe FridayBy Michael J. MaslankaYoung Lawyers Division, April 2017When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
Query: The Fiduciary Shield Doctrine. Have the exceptions swallowed the rule?By John B. KinkaidCivil Practice and Procedure, November 2004This sometimes obscure but very important rule implemented to protect employees of foreign corporations doing business in Illinois from the improper exercise of our court's jurisdiction has been with us since 1959.
Case summariesBy George S. Miller & Alfred M. Swanson, Jr.Bench and Bar, June 2004In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.
Some deadlines really are finalBy Daniel T. GillespieCivil Practice and Procedure, May 2004As Justice Smith wrote in this unanimous In re Estate of Lucy J. Kunsch opinion, "Rule 216 is not a suggestion, but rather a rule that must be strictly obeyed and enforced." Some deadlines must be met. Some final dates really are final.
The U.S. Supreme Court reverses itself in Crawford v. WashingtonBy Margaret O’Mara FrossardBench and Bar, May 2004A recent ruling by the U.S. Supreme Court could make it more difficult for prosecutors to use out-of-court statements against defendants at trial.
Recent Seventh Circuit decisions of interestBy Joseph G. Bisceglia & Nada DjordjevicFederal Civil Practice, September 2003In In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 333 F.3d 763 (7th Cir. 2003), plaintiff tire owners attempted to circumvent the Seventh Circuit's earlier ruling, In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 288 F.3d 1012 (7th Cir. 2002), cert. denied, 537 U.S. 1105 (2003), which decertified a nationwide class, by filing suit in multiple state courts.
The court watchersBy Susan M. WittRacial and Ethnic Minorities and the Law, January 2003There are two things that I remember about my Trial Advocacy class in law school.
Strategic use of vehicular damage evidence in personal injury litigationBy Michael J. MarovichCivil Practice and Procedure, November 2002Litigants often seek to use evidence about the extent of vehicular damage to influence a jury's assessment of the severity of resulting personal injuries.
ISBA sets ADR program for midyear meetingBy Hon. Michael S. JordanCivil Practice and Procedure, October 2002The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002, from 2:00 p.m. to 5:00 p.m. at the Chicago Sheraton Hotel during the midyear meeting. Make plans now to attend and watch for further announcements.