News & Insights

April News

01 Apr Insight

No Opinion Witnesses at This Time

Appellate Court ruled that 213(g) answer indicating that a party had "no opinion witnesses at this time" did not warrant barring experts at trial where the witnesses were treating physicians who were deposed, disclosed under 213(f) and were previously disclosed as opinion witnesses by the party moving to have the witnesses barred as a discovery sanction.
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01 Apr Insight

Voluntary Dismissal

Plaintiff's original complaint was dismissed with leave to amend Count III within 60 days. Within those 60 days, but prior to filing an amended complaint, plaintiff filed a motion to voluntarily dismiss Count III pursuant to 735 ILCS 5/2-1009(a).
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March News

01 Mar Insight

The Casino Need Not Save You From Yourself

The U.S. Court of Appeals for the Seventh Circuit, deciding an issue which apparently has never been addressed before, rejected a claim that a riverboat casino can be sued in tort when they fail to evict a compulsive gambler who had earlier requested that he be thrown out if he ever entered the premises.
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01 Mar Insight

Plaintiff May Lose Right to Voluntarily Dismiss

Although a plaintiff may have a right to voluntarily dismiss the case without prejudice under Section 2-1009 of the Illinois Code of Civil Procedure, that right can instead be denied if the plaintiff didn't replead within a time specified by the Court. Smith v. Central Illinois Regional Airport.
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