Civil Procedure 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 …

Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell

Faculty Publications & Other Works

In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …

An Active Learning Approach To Teaching Tough Topics: Personal Jurisdiction As An Example, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

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 …

The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Due Process In Civil Commitments., Alexander Tsesis

Faculty Publications & Other Works

In one of its most controversial decisions to date, United States v Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistake evaluations about patients' likelihood …

Civil Gideon: The Poor Man's Fight, Lee Shevell

Public Interest Law Reporter

No abstract provided.

The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose

Faculty Publications & Other Works

Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect or a suspect class under Equal Protection. In fact, the majority in San Antonio Independent School …

Combating Terrorism: Will Civil Penalties Help Win The War On Terror? , Matthew T. Glavin

Public Interest Law Reporter

No abstract provided.

Class Actions And The Poor., Henry Rose

Faculty Publications & Other Works

No abstract provided.

Tennessee Participates In Modern Trend Towards Shame Sentencing, Andrea Hunwick

Public Interest Law Reporter

No abstract provided.

Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

Prosecutorial Missed-Conduct, Patti Sudendorf

Public Interest Law Reporter

No abstract provided.

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.

Eliminating The Destitution Of America's Homeless: A Fair, Federal Approach, Alexander Tsesis

Faculty Publications & Other Works

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.