Illinois civil procedure oddities potpourri

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 November 11, 2020 11:42 AM

Knowing and understanding the Code of Civil Procedure, the Supreme Court Rules, the applicable local rules and the case law interpreting the rules and how they interact is critical to effectively practicing law. As the Illinois Supreme Court stated in Bright v. Dicke, 166 Ill.2d 204, 210 (1995): “the rules of court we have promulgated are not aspirational. They are not suggestions. They have the force of law, and the presumption must be that they will be obeyed and enforced as written.” There is no reason to believe that …

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Judge rejects ‘specific patient rule’ in case over false claims, kickbacks

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By Steven P. Garmisa
Estate plans should account for effective disposition of real estate

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Court mulls over contract with survival clause

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By Steven P. Garmisa
Judge offers guidance for avoiding federal ‘trap’ in med-mal case

Joining a decision from the 6th U.S. Circuit Court of Appeals that affirmed a judgment against two “unwary litigants” who were blindsided by “surprise hurdles” created by a combined operation of the Federally Supported Health Centers Assistance Act and the Federal Tort Claims Act, Circuit Judge Amul Thapar wrote separately “to explain how litigants can avoid these traps and preserve meritorious claims.”
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Opinions shed light on how justices view shadow docket

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By Daniel A. Cotter
Lawyer erred on personal representative after learning defendant was dead

Answering a question certified for immediate appeal in a case where the plaintiff didn’t know the defendant was dead when the lawsuit was filed, the Illinois Appellate Court concluded that the maneuver used by plaintiff’s attorney to rectify the problem — having his secretary appointed as “personal representative” of the decedent’s estate under Sec. 13-209(c) of the Code of Civil Procedure and then naming her as defendant in an amended complaint — was the wrong move.
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High court says judge erred in trying to ‘rehabilitate’ juror

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