Civil Procedure

Jul
18

The First District’s Roadmap to the Ever-Expanding Relation Back Doctrine

Earlier this year, the First District Appellate Court provided a detailed analysis regarding the application of the relation back doctrine, which continues to expand its reaches and erode the statutory walls that have historically protected the rights of defendants. As with prior...

Aug
10

The Future Of Data Breach Complaints – Actual Harm Required

Courts are now requiring more than a mere increased risk of a data breach in order to have standing to file suit for data breaches. In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782 (Ill. App. Ct. August 6, 2015), the Illinois Appellate Court held that plaintiffs did...

Apr
20

The Reptile Lays New Eggs

A recent flurry of amended complaints in medical malpractice cases suggests that the plaintiffs’ bar seeks to extend the reptile strategy¹ to hospitals and private practice groups of physicians. These pleadings attempt to impose a duty upon hospitals and practices to promulgate by-laws, rules...

Apr
08

The Illinois Legislature Reduces the Number of Jurors From 12 to 6 In All Civil Cases Effective June 1, 2015

Posted in Civil Procedure

A recent revision to the Jury Demand statute, Section 2-1105, was rushed through the Illinois legislature in November of 2014 and reduces the number of jurors from 12 to 6 in all civil cases. The revised statute becomes effective on June 1, 2015. A defendant in any case filed before June 1, 2015...

Mar
31

Appellate Court Clarifies Deadline to Respond to Requests to Admit, Bases for Discovery Extensions

Posted in Civil Procedure

In Armagan v. Pesha, 2014 IL App (1st) 121840, the Illinois Appellate Court for the First District clarified the rules of service for responding to requests to admit. In Armagan, the plaintiff filed suit alleging that the defendants, who held an interest in a coin shop, converted...

Nov
25

New Illinois Appellate Court Decision Affects Enforceability of Non-Competes

When employers craft non-compete agreements for new hires and current employees alike, they are likely aware of the factors courts traditionally consider when analyzing their enforceability.  These factors include the length of the non-competition and non-solicitation, and the geographic...

Nov
18

Cassiday Schade LLP Obtains Substantial Post-Trial Reduction of Damages for Medical Expenses

Cassiday Schade LLP is one of the first defense firms to have an appellate decision reducing a medical malpractice verdict by nearly 33%, pursuant to 735 ILCS 5/2-1205. This is an important ruling for medical malpractice defendants with respect to a statute that is rarely used. The decision in...

Nov
14

Illinois Supreme Court Clarifies Proper Method for Naming an Estate as a Defendant in Cases of Unknown Death of Party Under 735 ILCS 5/13-209(C)

Posted in Civil Procedure

In Relf v. Shatayeva, 2013 IL 114925, the Illinois Supreme Court refined its analysis of the Illinois Code of Civil Procedure when a plaintiff mistakenly sues a decedent, and offered insight into how it interprets the Illinois Compiled Statutes by analyzing indirectly related statutory...

Oct
21

The Illinois Appellate Court’s Decision Curtails the Ability of Defendants to Invoke the Forum Non Conveniens Doctrine in Product Liability Cases

Posted in Civil Procedure

In legal theory, the doctrine of forum non conveniens refers to the discretionary power of the court to dismiss or transfer a case even though jurisdiction and venue are proper when it would serve the convenience of the parties and the ends of justice. First Nat. Bank v. Guerine,...

Sep
16

CLIENT ALERT: New Time Limits and Other Obligations in Civil Settlements

Posted in Civil Procedure

On August 26, 2013, Illinois Governor Patrick Quinn signed into law Illinois Senate Bill 1912 (Public Act 098-0548), which will place time limitations on “settling defendants” to tender draft releases and settlement payments with resultant penalties for the failure to do so. The law, which...

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