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Illinois Supreme Court Rules Section 2-1117 Apportionment Applies Only to Non-Settling Defendants

“For the Record” CBA Record, January 2009
On November 25th, the Illinois Supreme Court handed down its long-awaited decision in the matter of Ready v. United/ Goedecke Services, Inc. (Docket No. 103474) holding that apportionment under section 2-1117 of the Code of Civil Procedure does not apply to tortfeasors or defendants who have settled… Read More
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Illinois Supreme Court Rules EMS Act Trumps Tort Immunity Act

“For the Record” CBA Record, October 2008
On October 2nd, the Illinois Supreme Court reversed two lower courts allowing a 2004 wrongful death lawsuit against the City of Park Ridge to continue in the case of Abruzzo v. The City of Park Ridge (Docket No. 104935) in holding that the limited immunity provision of the Emergency Medical Services… Read More
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Supreme Court Says Inmates Can Use Habeas Corpus Petitions

“For the Record” CBA Record, June/July 2008
On June 12th the Supreme Court of the United States (Boumediene v. Bush; No. 06-1195) delivered another rebuke to the Bush administration’s handling of the foreign national detainees at Guantánamo Bay, ruling 5 to 4 that the prisoners there have a constitutional right to go to federal court to pu… Read More
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Illinois Appellate Court Analyzes Intoxication in Motor Vehicle Accidents

“For the Record” CBA Record, April 2008
On March 3rd, the Appellate Court of Illinois, First District (Petraski v. Thedos; No. 01-06-2914) gave trial judges renewed authority regarding the admission of intoxication evidence to provide an explanation for a party’s otherwise inexplicable conduct. Speaking on behalf of a unanimous court, J… Read More
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U.S. Supreme Court Permits Departure from U.S. Sentencing Guidelines Regarding Crack/Powder Cocaine Amounts

“For the Record” CBA Record, January 2008
On December 10, the U.S. Supreme Court, in Kimbrough v. United States, No. 06-6330, gave federal judges new authority to set sentences for crack cocaine crimes below the range of punishment set by federal guidelines, which is a major restoration of flexibility for trial judges in drug cases. The Cou… Read More
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Best Practices and Prevention Basics: Physicians’ Guide to Professional Negligence Claims, Part 2

Resident Staff & Physician, November/December 2007
Although some in the medical profession want to avoid scrutiny by the legal profession, such avoidance is neither possible nor desirable. As responsible professionals, physicians are accountable to the public, and malpractice lawsuits are one avenue of that accountability. This does not mean that al… Read More
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Medical Professional Liability: Physician’s Guide to Understanding Professional Negligence Claims

Resident Staff & Physician, July/August 2007
The topic of medical professional negligence, also known as medical malpractice, is important and relevant to all practicing physicians, yet physicians are often not familiar with the legal aspects of many functions in their clinical practice. Physicians who understand the essential elements of medi… Read More
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Increasing Efficiency in Litigation Through Rule 12(e)

American Bar Association • Section of Litigation, Spring 2007
Despite the continued decline in the number of motions for more definite statement,1 a motion for more definite statement can be an essential tool for litigators. Appropriately used, these motions can significantly reduce the costs associated with litigation. This article seeks to shed light on the… Read More
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Winning Without Trial: Rule 12(c) Motions for Judgment on the Pleadings

American Bar Association • Section of Litigation, Winter 2007
“Winning Without Trial” is an oxymoron. The figure of speech is contradictory, but the idea makes perfectly good sense.”1 Experienced practitioners are familiar with Federal Rule of Civil Procedure 12, which provides for various pretrial motions to challenge the opposing party’s pleadings an… Read More
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Staying Ahead of the Curve: Upcoming Amendments to Federal Pretrial Rules

American Bar Association • Section of Litigation, Fall 2006
Change is inevitable. In the legal profession, attorneys who stay abreast of change are ahead in the game. To that end, this article discusses the most important changes to the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence (FRE) as they relate to pretrial practice and discove… Read More

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