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July 2008

The July 2008 W M & J Litigation Forum contains the following articles:

  • Montgomery and John Contribute Chapters to Book on Cross-Examination
  • Actual Notice of Defect Exception to the Illinois Distributor Statute Requires More than Mere Knowledge of the Characteristics of the Product
  • Beware of Stipulations Regarding Medical Bills at Trial
  • Injunction Covering Information Available Through FOIA Could Not Stand
  • Illinois Supreme Court Upholds Contractual Indemnity for a Party's Own Negligence
  • New Defendant or New Federal Claim Means New Removal Opportunity Under CAFA
  • Courts Continue to Heavily Favor Arbitration, but Draw the Line at Unconscionability

January 2008

The January 2008 W M & J Litigation Forum contains the following articles:

  • C. Barry Montgomery Recognized as One of the Top Ten Business Lawyers and One of the Top Ten Commercial Litigators in the State
  • Extension of Time to Stop Requests for Admission -- What Constitutes "Good Cause"?
  • Removing Party in Airplane Crash Case Successfully Defeats Plaintiffs' Attempt to Remand Case Based on Forum Defendant Rule, 28 U.S.C. Sec. 1441(b)
  • Seventeen Partners Named to the Leading Lawyers Network
  • Illinois' Statute of Frauds Applies to Promises to Pay Future Debt
  • Letter of Intent Inadequate Basis for a Breach of Contract Claim
  • 2007 Patent Year in Review
  • Insurance Coverage Targeted Tender Rule Does Not Trump Requirement of Horizontal Exhaustion

June 2007

The June 2007 W M & J Litigation Forum contains the following articles:

  • How to Protect Electronic Documents from Discovery
  • Punitive Damages at Double-Digit Ratios are Viewed with Considerable Skepticism by Illinois' Highest Court
  • Manufacturer's Argument that There Should be a Simple Product Exception to the Design Defect Risk Utility Test Fails to Catch Fire
  • Can a Manufacturer's Failure to Disclose Risks in Promotional Materials Constitute Indirect Consumer Fraud?
  • "Sliding Scale" Test for Determining Whether an Interactive Website can Support Personal Jurisdiction Slides Away
  • Parent Company May be Liable for Actions of Subsidiary Under Direct Participant Liability Theory
  • Parent Company's Sole Ownership and Control of Subsidiary, By Itself, is Not Enough to Subject the Parent to Liability
  • Federal Statute Prevents Businesses from Staking Out Their Competitors' Turf on the Internet

December 2006

The December 2006 W M & J Litigation Forum contains the following articles:

  • Recommendations for Drafting Electronic Discovery Requests
  • Is a Corporation Which Maintains a Website that Reaches Illinois Residents Subject to General Personal Jurisdiction in Illinois?
  • Can Settling Defendants be Included on Jury Verdict Forms in Illinois?
  • The Class Action Fairness Act Does not Apply to Cases Filed Prior to its Enactment, Despite the Subsequent Addition of New Plaintiffs and Factual Allegations
  • Employer has no Duty to See an Overworked Employee Home Safely
  • Arbitrator Alone Decides Effect of Court Judgment on Claims in Arbitration
  • Medical Records are Admissible Like Any Other Business Record

June 2006

The June 2006 W M & J Litigation Forum  contains the following articles:

  • C. Barry Montgomery Recognized as One of the Top Ten Commercial Litigators in the State
  • Who Pays for Electronic Discovery?
  • "Pure Opinion Testimony" is Not Subject to the FryeTest
  • Internet Contacts Can Lead to Jurisdiction in Illinois Courts
  • Truth in Lending Act Trumps Notice and Cure Provisions

December 2005

The December 2005 W M & J Litigation Forum contains the following articles:

  • Preserving Electronic Discovery at the Start of Litigation
  • Illinois May No Longer Be a Friendly Forum for Class Actions
  • Three Additional Partners Named to the Leading Lawyers Network
  • Two Important Decisions Issued Regarding the Class Action Fairness Act
  • Impressive Credentials Alone Not Enough to Admit Expert Testimony
  • Faxing of Complaint to Claims Service Sufficient to Sink Banking Giant's Reasonable Diligence Defense

June 2005

The June 2005 W M & J Litigation Forum contains the following articles:

  • E-Discovery - What You Don't Know Can Really Hurt You
  • Divided Illinois Supreme Court Funds Risk - Utility Test Does Not Apply In Negligent Design Defect Cases
  • Nine Partners Named as Super Lawyers
  • The Class Action Fairness Act of 2005
  • Former Shareholder Has Standing to Sue Former Director of Corporation

March 2005

The March 2005 W M & J Litigation Forum contains the following articles:

  • Third-Party Discovery in Arbitration Proceedings
  • Illinois Supreme Court Again Addresses Spoliation of Evidence Claims
  • Twelve Partners Named to the Leading Lawyers Network
  • Proponents of Arbitration Obtain a Victory in the Fifth District
  • Statute of Frauds No Obstacle Where an Oral Settlement Agreement Was a Product of Court-ordered Negotiations
  • Helpful Links

ILLINOIS LITIGATION UPDATE

Fall 2003

The Fall 2003 Illinois Litigation Update contains the following articles:

  • Hospital Patient's Claim for Breach of Warranty Denied by The Supreme Court
  • Health Care Practitioner Affidavit Not Necessary In Nursing Home Malpractice Cases
  • Fraudulent Misrepresentation Claims Are Limited To The Financial/Commercial Setting
  • Losing Defendants Finally Catch a Break Regarding Litigation Costs
  • Fourth District Rethinks the Common-Law Right of an Employer to Recover for Tortious Injury to his Employee
  • Standard Changes In Regard to "Good Faith Settlements"
  • Emergency Responder Walking on Highway Held Not to Be "Pedestrian"

Spring 2002

The Spring 2002 Illinois Litigation Update contains the following articles:

  • Frye-Plus-Reliability Test Rejected
  • Disclosure of Medical Records Found to Comply with Regulations Concerning the Confidentiality of Alcohol and Drug Abuse Patient Records
  • Exception to Moorman Can't Shore Up Claim for Building Frame Collapse
  • Exculpatory Clause in Commercial Contract Upheld
  • Patent Infringement is not "Piracy" Within the Definition of Advertising Injury
  • IV Tube Manufacturer Liable for Plaintiff's Death
  • Public Nuisance Lawsuits Pack a Wallop Against Gun Manufacturers

Winter 2001

The Winter 2001 Illinois Litigation Update contains the following articles:

  • Provisions of the Illinois Hospital Licensing Act Held Constitutional
  • Federal Boat Safety Act Preempts Propeller Guard Claims
  • Automobile Business Exclusion Found Void
  • Supreme Court Decides Trigger of Coverage Issue
  • Can We Go Home Yet? It's a Matter of School Policy
  • Court Won't Buck Old Law Despite Modern Times

September 2001

The September 2001 Illinois Litigation Update contains the following articles:

  • Party Admission Fees Do Not Lead to Liability
  • Lawyer Bashing--by Another Lawyer--is Absolutely Privileged
  • Dissolved Corporation Allowed to Recover Following Reinstatement
  • Claimants Bounce Back From Open and Obvious Ruling Regarding Trampoline Liability
  • Settling Defendants Not Entitled to a Good Faith Finding
  • Breach of the Covenant of Good Faith and Fair Dealing in a Contract Does not Give Rise to a Separate Cause of Action in Tort

June 2001

The June 2001 Illinois Litigation Update contains the following articles:

  • Criminal Convictions Deemed Decisive
  • Defective Gun Safe Held Not To Be the Legal Cause of Suicide
  • No Social Host Liability for Underage Drinking
  • Liability for Little League Brawl
  • Anti-Assignment Clauses Enforced