Law Commons^™

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

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

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

Loyola University Chicago Law Journal

No abstract provided.

Is The Natural Accumulation Rule All Wet?, Michael J. Polelle

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

Loyola University Chicago Law Journal

No abstract provided.

Driving Under The Influences In Illinois, Robert G. Johnston, Thomas P. Higgins

Loyola University Chicago Law Journal

No abstract provided.

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

Loyola University Chicago Law Journal

No abstract provided.

Civil Procedure, Jack Joseph, Janice Duban

Loyola University Chicago Law Journal

No abstract provided.

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

Loyola University Chicago Law Journal

No abstract provided.

Attorney Sanctions In Illinois Under Illinois Supreme Court Rule 137, George W. Timberlake Honorable, Nancy Pionk

Loyola University Chicago Law Journal

No abstract provided.

Trower V. Jones: Expanding The Scope Of Permissible Cross-Examination Of Expert Witnesses, Julie A. Correll

Loyola University Chicago Law Journal

No abstract provided.

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

Loyola University Chicago Law Journal

No abstract provided.

Civil Procedure, Allen Hartman Honorable, Scott C. Bentivenga

Loyola University Chicago Law Journal

No abstract provided.

Civil Procedure, Kenneth Kandaras, Catherine Wozniak

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

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

Loyola University Chicago Law Journal

No abstract provided.

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

Loyola University Chicago Law Journal

No abstract provided.

Foreword, Allen Hartman Honorable

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

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

Loyola University Chicago Law Journal

No abstract provided.

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

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

Loyola University Chicago Law Journal

No abstract provided.

Discovery And The Work Product Doctrine, Vivian K. Yamaguchi

Loyola University Chicago Law Journal

No abstract provided.

Excessive Discovery In Federal And Illinois Courts: A Tool Of Harassment And Delay?, Dominick W. Savaiano

Loyola University Chicago Law Journal

No abstract provided.