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May News

April News

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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01 Apr Insight

Special Interrogatories

After recognizing that Illinois civil procedure strictly provides that "a trial court has no discretion to reject a special interrogatory that is proper in form," the Court found that a failure to do so in this case was "harmless" error.
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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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