Resources > Published Works
Two Years Later - The Class Action Fairness Act of 2005
In this follow-up to their original piece on the Class Action Fairness Act, Brad Nahrstadt and Brian Boyd discuss some of the most important provisions of the Act and how the courts have applied those provisions since the Act took effect.
A New Approach to Limitations of Remedies and Damages Under the UCC
By Peter C. John. In this article, Peter John reviews the Illinois Supreme Court's decision in Razor v. Hyundai Motor America and discusses a new approach to limitations of remedies and damages under the UCC.
Some Thoughts on Jury Selection
By C. Barry Montgomery and Bradley C. Nahrstadt. In this article, the authors provide some helpful advice regarding jury selection, including an overview of the rules governing the process, ideas for preparing for jury selection and tips on conducting voir dire.
Beyond the Threshhold (Part II)
In this second installment, Barry Montgomery and Brad Nahrstadt concentrate on the "nuts and bolts" of motions in limine. They offer some practical advice concerning the drafting of motions in limine, as well as highlighting the practical considerations that should be taken into account when trial counsel is faced with the task of researching, drafting and arguing motions in limine.
Link Trial Presentation to Jury Instructions
By C. Barry Montgomery and Bradley C. Nahrstadt. In this article, Mr. Montgomery and Mr. Nahrstadt discuss the importance of considering jury instructions well before trial starts and using instructions during the course of trial.
Electronic Discovery: An Overview Of The Power And The Pitfalls
By Bradley C. Nahrstadt and Hanson L. Williams. Electronic discovery can be expensive, time-consuming and risky, but it's necessary and it's here to stay. In this article, the authors discuss the nature and extent of electronic data, the means available to preserve that data, who must bear the costs associated with producing electronic data, how such data should be requested and the steps that can be taken to protect electronic data from discovery.
The Class Action Fairness Act of 2005 -- What Is It All About?
By Bradley C. Nahrstadt and Brian Y. Boyd. In this article, the authors discuss the intricacies of the Class Action Fairness Act of 2005 and explain the effect that this Act may likely have on the prosecution and defense of class actions. This article originally appeared as the Monograph in the Illinois Association of Defense Trial Counsel Quarterly, Vol. 15, No. 1 (15.1.M1) and is reprinted here with the kind permission of the Illinois Association of Defense Trial Counsel.
Trade meetings, since they often attract competitors within a particular industry, can serve as the catalyst--intentionally or unintentionally--for numerous antitrust violations. In this article, Bradley C. Nahrstadt offers some guidance to those who wish to meet as a group about what generally can and cannot be discussed in accordance with the applicable antitrust laws. Originally published at 55 Fed'n Def. & Corp. Couns. Q 193 (2005). Reproduced with permission. All rights reserved.
Using The Internet As A Discovery Tool
You can do a considerable amount of initial investigation in a case by simply accessing the Internet. In this article, Bradley C. Nahrstadt and Claire L. Lunardini provide URLs for information on opposing counsel, corporations, government agencies, products, medical personnel, general medical information, general news, and courts. Originally published in The Practical Litigator, Vol. 16, No. 3, May 2005. Reproduced with permission. All rights reserved.
Substantial Similarity in Copyright Law
David Applegate reviews and provides useful commentary on an important new text concerning substantial similarity in copyright law. Originally published in Engage, The Journal of the Federalist Society's Practice Groups, April 2004. Reproduced with permission. All rights reserved
By Bradley C. Nahrstadt. Products liability actions are not easy cases to prepare, nor are they easy cases to try. The purpose of this article is to apprise defense counsel of three potentially fatal areas of pre-trial discovery and trial testimony in products liability actions - evidence of subsequent remedial measures, evidence of other accidents, and evidence of product recalls - and to provide suggestions regarding alternate ways to deal with such evidence. Originally published at 55 Fed'n Def. & Corp. Couns. Q 23 (2004). Reproduced with permission. All rights reserved.
How to Defend Punitive Damages Claims Effectively -- and Maybe Successfully
By C. Barry Montgomery and Bradley C. Nahrstadt. Punitive damages cases present difficult challenges to defense counsel, but attention to a lot of details may produce success.
Fair Play: Mandatory Disclosure Under Federal Rule 26 in the Northern District of Illinois
In this article, David Applegate discusses the mandatory disclosure requirements set forth in Federal Rule of Civil Procedure 26 and what practitioners can expect in the federal courts in the Northern District of Illinois regarding this far reaching rule. Originally published in the June/July 2003 CBA Record. Reproduced with permission. All rights reserved.
Eldred v. Ashcroft: Just Another Mickey Mouse Copyright Case?
By David L. Applegate. This article discusses legal challenges to the constitutionality of the 1998 Copyright Term Extension Act. Originally published in Engage, The Journal of the Federalist Society's Practice Groups, October 2002. Reproduced with permission. All rights reserved
Spoliation of Evidence: A Chronology of Judicial Development in Illinois
By Bradley Nahrstadt and Sean G. Joyce. In the last 24 years, there have been approximately 40 cases decided by Illinois state and federal courts regarding the issue of spoliation of evidence. This article contains a chronological survey of the cases that contributed to the body of precedent in Illinois dealing with claims for spoliation of evidence. It originally appeared in the Illinois Association of Defense Counsel Quarterly, Second Quarter, 2004, and is reprinted here with the kind permission of the Illinois Associaton of Defense Trial Counsel.
Owner Beware: A Residential Landlord's Liability for the Criminal Acts of Third Parties
By Bradley C. Nahrstadt and Michael J. Borree. In this article, the authors analyze the case law in Illinois that has given rise to two exceptions to the general rule that a landlord owes no duty to his or her tenants to protect them from the criminal acts of third-parties. They also provide defense attorneys with practical tips for handling cases involving criminal attacks on the tenants of residential buildings. This article originally appeared as the Monograph in the Illinois Association of Defense Trial Counsel Quarterly, Fourth Quarter, 2003, and is reprinted here with the kind permission of the Illinois Association of Defense Trial Counsel.
Refuting Diagnostic and Neuropsychological Testing in Toxic Tort Cases
By Thomas H. Neuckranz and Bradley C. Nahrstadt. In recent years, there has been an explosion in toxic tort litigation. One of the most common claims that is associated with toxic tort cases is the claim of "indirect" brain damage. In order to effectively defend these types of cases, and refute claims of toxic brain damage, defense counsel must understand the types of diagnostic tests that are often used to support a claim of toxic brain injury, and the limitations and procedural drawbacks of those particular tests. Originally published in the American Journal of Trial Advocacy, Vol. 23:19 (1999). Reproduced with permission. All rights reserved.
Putting a Number or Value on the Non-Economic Loss
By C. Barry Montgomery and Bradley C. Nahrstadt. Compensation for non-pecuniary losses is one of the most controversial components of tort liability. In this article, the authors present their views about how to develop a theme regarding damages in the discovery phase of the case and at trial in order to provide the jury with a realistic value of the plaintiff's non-economic losses.
Narrowing the Scope of Discovery for Substantially Similar Products
By Bradley C. Nahrstadt. This article discusses the scope of the problem, objections that can be raised based on privilege, lack of particularity, scope, relevancy, materiality, burden, trade secrets, or proprietary information, and gives special attention to discovery requests based on product recalls.
A Primer on Defending Breast Cancer Litigation
By Bradley C. Nahrstadt and Christina D. Ketcham. A step-by-step primer that outlines every angle of the defense of an often intense, complicated and emotional cause of action.
Getting it Together
By Lloyd E. Williams, Jr. and Bradley C. Nahrstadt. A guide to understanding mass tort litigation.
