On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.
By J. Timothy Eaton, Michael W. Rathsack, & Michael T. Reagan
March
2013
Article
, Page 142
More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
On May 9, 2012, the first district appellate court held that affidavits phrased in the passive voice that failed to identify the individuals who attempted to serve process did not satisfy the requirements for service of process by publication.
In Hudson v. City of Chicago, the Illinois Supreme Court held that the res judicata doctrine limits a plaintiff’s ability to refile a voluntarily dismissed claim after the involuntary dismissal of an earlier claim. So when can a voluntary claim be refiled?
Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.
Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.
Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.
Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.
On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.
On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.
On September 9, 2009, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Sangamon County and remanded with direction.
On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.
