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  • Trial Notebook

    TNB-4-19-24,ph01
    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.
  • For the Defense

    Patrick Eckler-4-18-24,ph01
    Assigned a multidistrict litigation (MDL) that grew from a couple of dozen cases to nearly a thousand, and observing cases that were not properly investigated or attended to by counsel, a judge in the Middle District with Georgia expressed a famous frustration with a process that has only gotten worse in the eight years since.
  • Lawyers’ Forum

    David Sterba-4-17-24,ph01
    “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.
  • Insurance Matters

    Don Sampen-4-16-24,ph01
    The 7th U.S. Circuit Court of Appeals, construing Illinois law, recently held that an employee injured in an automobile accident was entitled to recover underinsured coverage from his employer’s automobile liability policy, subject to certain reductions.
  • Cotter’s Corner

    Daniel Cotter-4-15-24,ph01
    The Comstock Act of 1873 was referenced in the U.S. Supreme Court oral arguments in the mifepristone case recently heard, and may play a factor in at least some of the justices’ decisions. Turns out, Arizona told a certain justice, we know you like beer, hold this beer.
  • For the Defense

    Patrick Eckler-4-11-24,ph01
    Building on last week’s column on rulings on petitions for leave to appeal from the Illinois Supreme Court on March 27, this week we review more of the numerous and important denials.
    Sporting Judgment
  • Sports Marketing Playbook

    Masters Rose-2-27-24,ph01
    By now, everyone knows that brands pay big bucks to air commercials during the Super Bowl. This year, advertisers shelled out roughly $7 million for a 30-second spot, for an estimated total of $650 million, according to estimates by the Sports Business Journal.
  • Non-Billable Hours
  • Opening Statement

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    In the playbill for the Steppenwolf Theatre production of Branden Jacobs-Jenkins’ world premiere of “Purpose,” artistic directors Audrey Francis and Glenn Davis announce that “since the beginning, family drama has been this company’s signature.”
  • Opening Statement

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    In 2005, celebrated author Margaret Atwood (“The Handmaid’s Tale”) responded to Canadian publisher Jamie Byng’s commission to solicit contemporary authors to rewrite ancient myths with “The Penelopiad.” The novella set forth her current interpretation of Homer’s classic “The Odyssey,” the tale in which Odysseus leaves his bride, Penelope, for 10 years to fight in the Trojan War.
  • Opening Statement

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    The late Robin Williams has always been one of my favorite actors and comedians. His brilliant career included many celebrated performances such as those in “Good Morning Vietnam” and “Dead Poets Society,” as well as Academy Award-winning in “Good Will Hunting.” Unfortunately, his career tragically came to an end when he committed suicide at 63.
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