The relation back doctrine trumps the medical malpractice statute of reposeBy Hon. Alfred M. Swanson, Jr. (Ret.)April 2016The question facing the First District was whether the medical malpractice statute of repose prohibited the relation back doctrine from allowing the plaintiff to add a wrongful death claim under the Wrongful Death Act to an existing lawsuit.
Remembering Justice Thomas FitzgeraldBy Marie K. SarantakisJune 2016On May 11, 2016, the Illinois Supreme Court hosted a memorial tribute to another legal legend, recognizing the late Justice Thomas Fitzgerald’s continued impact on the legal community.
The Second District avoids causing new ripples in the common law “test the waters” doctrineBy Edward Casmere & Kaitlin KlamannSeptember 2016While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
To be or not to be—Is that the question?By Hon. Barbara CrowderSeptember 2016Author Barb Crowder, a recent victim of identity theft, shares practical advice for those unlucky enough to have a similar experience.
Video testimony: One-way, two-way, Skype, closed circuit: Let me count the ways….By Hon. E. Kenneth Wright, Jr.November 2016This article is the result of a New Mexico Supreme Court case involving the use of Skype in a criminal case. It will present a brief history of the use of video in criminal proceedings in Illinois and other states.
Willis R. TriblerBy Hon. Michael B. HymanDecember 2016Remembering Bill, who passed away earlier this month at age 82.