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Full-Text Articles in Law
Disrupting Frivolous Defenses, Thomas D. Russell
Disrupting Frivolous Defenses, Thomas D. Russell
Loyola University Chicago Law Journal
Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, Judge Shadur died at the age of ninety-three after thirty-seven years as a judge of the United States District Court for the Northern District of Illinois. Sua sponte, Judge Shadur reviewed civil answers and disrupted the pleading of frivolous defenses. Sua Sponte Shadur--as some lawyers called him--rejected answers that departed from or ignored Rule 8 of the Federal Rules of Civil Procedure. In 2001, Judge Shadur issued an Appendix to an order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001). The Appendix …
Garza V. Idaho: Prioritizing Client Autonomy In Criminal Appeals Regardless Of An Appeal Waiver, Jackie Mcdonnell
Garza V. Idaho: Prioritizing Client Autonomy In Criminal Appeals Regardless Of An Appeal Waiver, Jackie Mcdonnell
Loyola University Chicago Law Journal
In Garza v. Idaho, the Supreme Court resolved a split in authority about whether courts should presume counsel prejudiced a criminal defendant’s case when counsel failed to file a notice of appeal, holding the presumption of prejudice applies regardless of a defendant’s appeal waiver. By correctly extending Roe v. Flores-Ortega’s rule which requires courts to presume prejudice, the Court expanded the presumption’s application for ineffective assistance of counsel claims under the Sixth Amendment.
Overall, Garza protected a defendant’s right to appeal despite an appeal waiver, as counsel must now act on the defendant’s appeal request. If counsel fails to file …
Linking Patent Reform And Civil Litigation Reform, Greg Reilly
Linking Patent Reform And Civil Litigation Reform, Greg Reilly
Loyola University Chicago Law Journal
Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expensive and burdensome in patent cases. Excessive discovery is said to fuel so-called “patent trolls” and impose an unhealthy tax on innovation and competition. These supposedly exceptional problems have led to exceptional patent-only reform proposals, such as delaying most discovery for over a year and reversing the seventy-five-year-old allocation of discovery costs. Treating patent litigation as exceptional has a siloing effect. Patent reform debates ignore parallel debates over general civil litigation reform that raise the same arguments about disproportionately expensive and burdensome discovery and propose their own set of …
Guide To Understanding Discovery Sanctions Under Illinois Supreme Court Rule 219(C) And Fashioning An Appropriate Judicial Response To Serious Discovery Misconduct, A, Sheldon Gardner, Scott William Gertz
Guide To Understanding Discovery Sanctions Under Illinois Supreme Court Rule 219(C) And Fashioning An Appropriate Judicial Response To Serious Discovery Misconduct, A, Sheldon Gardner, Scott William Gertz
Loyola University Chicago Law Journal
No abstract provided.
Is The Natural Accumulation Rule All Wet?, Michael J. Polelle
Is The Natural Accumulation Rule All Wet?, Michael J. Polelle
Loyola University Chicago Law Journal
No abstract provided.
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins
Loyola University Chicago Law Journal
No abstract provided.
Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye
Jury Trial In Illinois: Chancery, Multi-Remedy, And Special Remedy Civil Cases, Robert Jay Nye, Jonathan D. Nye
Loyola University Chicago Law Journal
No abstract provided.
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
The Vagaries Of Rule 103(B), Robert G. Johnston, Iain D. Johnston
Loyola University Chicago Law Journal
No abstract provided.
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Diminskis V. Chicago Transit Authority: Circumventing Expert Witness Discovery, Adrian M. Vuckovich
Loyola University Chicago Law Journal
No abstract provided.
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Observations On Recent Efforts To Deter Frivolous Papers In The Illinois Circuit Courts, Jeffrey A. Parness
Loyola University Chicago Law Journal
No abstract provided.
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Policing Discovery Under Illinois Supreme Court Rule 219(C): A Search For Judicial Consistency, Kathleen M. Potocki
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure, Jack Joseph, Janice Duban
Civil Procedure, Jack Joseph, Janice Duban
Loyola University Chicago Law Journal
No abstract provided.
Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk
Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk
Loyola University Chicago Law Journal
No abstract provided.
The Civil Pro Se Litigant V. The Legal System, Howard M. Rubin
The Civil Pro Se Litigant V. The Legal System, Howard M. Rubin
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure, Michael J. Gallagher Honorable, Mary Beth Snyder
Civil Procedure, Michael J. Gallagher Honorable, Mary Beth Snyder
Loyola University Chicago Law Journal
No abstract provided.
Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll
Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure, Allen Hartman Honorable, Scott C. Bentivenga
Civil Procedure, Allen Hartman Honorable, Scott C. Bentivenga
Loyola University Chicago Law Journal
No abstract provided.
Civil Procedure, Kenneth Kandaras, Catherine Wozniak
Civil Procedure, Kenneth Kandaras, Catherine Wozniak
Loyola University Chicago Law Journal
No abstract provided.
The Application Of Federal Rule Of Civil Procedure 13(A) In Mcdonald's Corp. V. Levine, Mark E. Shure
The Application Of Federal Rule Of Civil Procedure 13(A) In Mcdonald's Corp. V. Levine, Mark E. Shure
Loyola University Chicago Law Journal
No abstract provided.
Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin
Third-Party Actions: A Plaintiff's Perspective, Curt N. Rodin
Loyola University Chicago Law Journal
No abstract provided.
Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell
Risk Shifting Devices And Third-Party Practice: The Impact Of Skinner And Alvis, Miles J. Zaremski, Paul Cottrell
Loyola University Chicago Law Journal
No abstract provided.
Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King
Larson V. Buschkamp: The Effect Of Contribution On The Parent-Child Tort Immunity Doctrine And Its Implications For Strict Liability In Illinois, Celeste Marie King
Loyola University Chicago Law Journal
No abstract provided.
Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth
Should Contribution Among Tortfeasors Be Permitted In Actions Arising Under The Illinois Dram Shop Act?, Pete Almeroth
Loyola University Chicago Law Journal
No abstract provided.
Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich
Implied Indemnity After Skinner And The Illinois Contribution Act: The Case For A Uniform Standard, Suzanne Haraburd Anich
Loyola University Chicago Law Journal
No abstract provided.
A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith
A Survey Of Contribution: Equal Or Fault-Based Shares?, Donald A. Smith
Loyola University Chicago Law Journal
No abstract provided.
Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens
Ancillary Jurisdiction: Plaintiffs' Claims Against Nondiverse Third-Party Defendants, Pamela J. Stephens
Loyola University Chicago Law Journal
No abstract provided.
Foreword, Allen Hartman Honorable
Foreword, Allen Hartman Honorable
Loyola University Chicago Law Journal
No abstract provided.
Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker
Court-Ordered Mental And Physical Examinations: A Survey Of Federal Rule 35 And Illinois Rule 215, Paula M. Becker
Loyola University Chicago Law Journal
No abstract provided.
Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes
Recent Trends In The Enforcement Of Discovery: Sanctions In The Federal Courts And In Illinois, Maryann C. Hayes
Loyola University Chicago Law Journal
No abstract provided.
Excessive Discovery In Federal And Illinois Courts: A Tool Of Harassment And Delay?, Dominick W. Savaiano
Excessive Discovery In Federal And Illinois Courts: A Tool Of Harassment And Delay?, Dominick W. Savaiano
Loyola University Chicago Law Journal
No abstract provided.