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Articles Posted in Civil Procedure

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U.S. Court of Appeals Finds Confidentiality Agreement for Design and Production of a Tablet Computer Unenforceable

An industrial design firm, nClosures, produced metal cases for tablet computers, such as the iPad. Ian LeBlanc designed a case for nClosures in early 2011 called the Rhino Elite. In May 2011, the co-founders of nClosures attended a tradeshow in Chicago to showcase the Rhino Elite prototypes. At the tradeshow,…

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Company’s Resistance to Produce Documents in Toxic Tort Case Was Determined to Be Not Privileged

In a case that involved thousands of toxic tort liability cases, the Illinois Appellate Court has ruled that an industrial manufacturer must turn over documents it alleged were privileged to a company indemnifying it. In March 1999, automotive systems manufacturer BorgWarner Inc. acquired Kuhlman Corp. and its subsidiaries, including Kuhlman…

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U.S. District Court Considers Limits of Federal Rules on Work-Product Privilege

In a commodities fraud case, it was contended by the plaintiff, the Commodity Futures Trading Commission (CFTC), that previous versions of a defendant expert’s report should be produced and not be privileged because of communications between the lawyer and this expert witness. In 2010, the work-product privilege provided by Federal…

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Illinois Appellate Court Determines Timeliness of Relation-Back Doctrine

On Aug. 2, 2005, Brandy Pirrello was a resident at Maryville Academy, a facility that houses and treats minors with behavioral problems. At the time, Brandy was 16 years old. She had been admitted to the facility in early 2005 and had been diagnosed with bipolar disorder and was at…

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Conversations that Jurors May Have in the Jury Room

Lawyers who handle jury trials prepare their cases typically by reviewing all of the depositions, all of the issues of damages, the pleadings, the written discovery, the law that applies and the jury instructions that may be used. That would be just the start. Some lawyers, like me, abstract all…

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U.S. Court of Appeals Reverses Asbestos-Related Personal Injury Claims in Indemnification Case

Hennessy Industries was a car part manufacturer. It was sued frequently for asbestos-related personal injury claims. Hennessy sought insurance coverage for these claims from National Union Fire Insurance Co. The companies entered into a cost-sharing agreement in 2008. However, as the lawsuits and claims came in, Hennessy asked National Union…

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Illinois Appellate Court Reverses Summary Judgment Where There Were Material Issues of Fact Yet to be Decided

In September 2008, Erica Perkins was involved in a car crash while driving a car owned by Beverly Perkins. LaTonya Reese and Kionna Griffin sued Erica Perkins for the injuries they suffered in the crash. American Access Casualty Co. issued a non-owner’s insurance policy to Erica Perkins and provided a…

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Illinois Appellate Court Holds That Witness’s Recollection of Testator’s Signature at the Time Will is Signed Not Evidence of Invalidity

Mary Dicks died on Sept. 25, 2012. Her granddaughter, Jennifer Barber, was her closest living relative and her only heir. Barber claimed that Dicks died intestate and filed a petition to be named administrator of her estate. However, Allison Ferconio, who was Dicks’s niece, filed a will with the Circuit…

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Illinois Law Allows a Dissolved Corporation to be Sued for Any Claim that Existed Before its Dissolution For Up To Five Years

According to the Illinois Appellate Court, a corporate condominium association that was dissolved is in a legal standing the same as that of a dead natural person such as found in the case of Markus v. Chicago Title & Trust, 373 Ill.557 (1940). Under Illinois §12.80 of the Business Corporation…

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Illinois Jury Finds For School Bus Driver Turning Into Bicyclist; Then Court Orders New Trial

On Oct. 10, 2008, 12-year-old Ryan Walsh and his cousin were riding their bikes to school at Thompson Junior High School in Oswego, Ill.  They were traveling northbound on the sidewalk along Boulder Hill Pass.  Ryan was crossing the school’s driveway apron when the defendant school bus full of students…

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