A modest proposal for civil cases in Cook County

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. His views are his own and not those of his firm or its clients.

Posted August 5, 2020 11:14 AM

Until March 17 it could not be fully appreciated how large an effect the physical layout and structure of the Daley Center had on the practice of law and the course of litigation in Cook County’s largest courthouse. The coronavirus has almost overnight rendered the Daley Center obsolete, and in order for the civil justice system in Cook County to function in anything approaching efficient and to avoid the Daley Center becoming an empty, useless shell, much of how civil cases are handled in Cook County is likely going to …

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High court says judge erred in trying to ‘rehabilitate’ juror

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By Steven P. Garmisa
Current proposal isn’t enough to stem mushrooming MDLs

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By Patrick Eckler
Manufacturer claims immunity for rubber bullet injury

Claiming immunity under the Protection of Lawful Commerce in Arms Act when Eduardo Santos sued for severe injuries allegedly caused by a police officer who shot him in the face with a rubber bullet, Defense Technology — the company that manufactured the “kinetic impact projectile” and KIP launcher — argued the statute’s product-liability exception didn’t apply.
By Steven P. Garmisa
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“The law that applies to this case is stated in these instructions, and it is your duty to follow all of them.” So states Illinois Pattern Jury Instruction 1.01(2), which the judge reads to the jurors in every criminal case before the jury begins its deliberations. If we expect jurors to follow the law, we surely must expect judges to lead by example and do the same thing.
By David P. Sterba
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Accused of insider trading, Michael Shvartsman argued this offense is “criminal law made by judges” that violates Article I of the U.S. Constitution and the non-delegation doctrine.
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Court assesses offsets against employee’s underinsured claim

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By Steven P. Garmisa
Arizona high court rolls back clock to 1864 in abortion case

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By Daniel A. Cotter