Another court applies the collateral source ruleBy Robert T. ParkMarch 2008The April 2007 decision in Wills v. Foster held that, when Medicare and Medicaid discount the recoverable medical bills, the plaintiff will receive a comparably reduced recovery. Another district of the appellate court has now weighed in on the same question with a contrary ruling.
Awarding attorneys fees to prevailing partyBy Hon. Michael KileyOctober 2008A plaintiff files suit against a defendant seeking damages, including reasonable attorney fees, pursuant to a contractual term that provides for an award of fees to the prevailing party.
Book reviewBy Kathryn E. EisenhartMay 2008The Nine: Inside the Secret World of the Supreme Court, Jeffrey Toobin, Doubleday, 2007.
Chair’s ColumnBy Hon. Edward J. SchoenbaumDecember 2008I thought I would take this opportunity to let all of our readers know what we are up to this year.
Chair’s ColumnBy Edward J. SchoenbaumOctober 2008As chair of the ISBA Bench & Bar Section, I am delighted that H. Thomas Wells Jr. , began his one-year term as ABA President by focusing his support upon the core values that are so important to our members, judges, lawyers, litigants, and the public.
Chair’s ColumnBy Hon. Edward J. SchoenbaumAugust 2008Last month, in my first column, I focused on receiving input from our readers on what the members of the bench and bar would like us to provide them.
Chair’s ColumnBy Hon. Edward J. SchoenbaumJuly 2008The Bench & Bar Section Council met in St. Louis for its annual meeting on Friday, June 27, 2008. We focused on some planning for the coming years.
Considering retardation in sentencingBy Thomas A. BrunoDecember 2008The Illinois Supreme Court has ruled on the proper application of mental retardation as a mitigating or aggravating factor in sentencing in People v. Heider, 231 Ill.2d 1, ___ N.E.2d ____, 2008 WL 2131584, (May 22, 2008).
Contested custody/Visitation litigation: A satireBy Roza Gossage & Pamela J. KuzniarOctober 2008Years ago, super heroes held the values of our ancestors and would not father a child out of wedlock.
Editor’s noteBy Alfred M. Swanson, Jr.December 2008Starting in early 2009, the ISBA plans to change the default method for distribution of this newsletter to be by electronic format rather than sending a hard copy by regular mail.
Emergency plans set for Circuit CourtsBy Justice Lloyd A. KarmeierDecember 2008When disaster strikes, government’s first priority is the physical safety of its citizens.
A federal courthouse in Wheaton?By Alfred M. Swanson, Jr.March 2008Judge Wayne Andersen of the District Court for the Northern District of Illinois presented the possibility of a District courthouse to the Bench & Bar Section Council meeting on February 22, 2008.
The Illinois Supreme Court sheds light on the “gray areas” of the relation-back doctrine in Porter v. Decatur Memorial HospitalBy Michele M. JochnerMarch 2008The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. Chief Justice Robert Thomas, writing for a unanimous Illinois Supreme Court, answered these questions in the affirmative.
Interview with the Chief JusticeBy Alfred M. Swanson, Jr.December 2008“A judge’s judge. A lawyer’s judge.” Those are some of the words used to describe Chief Justice Thomas R. Fitzgerald at a recent ISBA-CBA reception honoring Illinois’ new Chief Justice.
Lincoln … A license to practice and a legacy to rememberBy Michele M. JochnerOctober 2008With the February 2009 bicentennial of Abraham Lincoln’s birth rapidly approaching, many celebrations will commemorate his remarkable life and his course-altering actions as President of a Civil War-ravaged nation.
The MentorBy Justice Lloyd A. KarmeierFebruary 2008Upon my graduation from law school in 1964, and after passing the bar exam and being admitted to practice, I had the good fortune of beginning my legal career as a junior law clerk for Justice Byron O. House of Nashville, Illinois, who was the Supreme Court Justice from the 5th Judicial District of Illinois.
Plaintiffs Beware! The conflict of a voluntary dismissal and res judicataBy Alfred M. Swanson, Jr.May 2008In March 1999 plaintiffs filed a two count complaint against the City of Chicago and fire department personnel alleging negligence and willful and wanton misconduct in providing emergency medical care.
Practice Tip – Improving Skills: Your Witness (2008)By J.A. SebastianDecember 2008On December 5, 2008, the Bench & Bar Section Council will present a Trial Practice and Advocacy – Getting it Right, at the ISBA Chicago Regional Office located at 20 South Clark, 9th Floor. Members of the Section are entitled to a $10 discount for each CLE sponsored by the Section – a significant benefit of section membership.
Pre-conviction DNA gatheringBy Thomas A. BrunoJune 2008The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database. Privacy rights advocates will surely test the validity of this policy in court.
Recent appointments and retirementsDecember 20081. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirementsAugust 20081. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirementsJuly 20081. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge: