Vision Point: a course correction on requests to admit: the Illinois Supreme Court's important new opinion reverses numerous appellate decisions and promises to mitigate the harsh consequences that can result from a narrow application of Rules 216 and 183.
[ILLUSTRATION OMITTED] In its recent opinion in Vision Point of Sale, Inc v Haas, (1) the Illinois Supreme Court strikes a blow--five blows, actually--for a common sense interpretation of Illinois Supreme Court rule 216(a), which governs requests for admission of facts. Vision Point also provides a revised...

An update on Rule 213 trial witness disclosure: the Illinois Supreme Court made important changes to the Rule 213 trial witness disclosure requirements in 2002. This article examines the evolution of Rule 213 and reviews the Supreme Court and Appellate Court decisions addressing the rule over the last five years.
It has been five years since the 2002 amendments to Illinois supreme court Rule 213 took effect. (1) The former "opinion witness" rule (2) required pretrial disclosure of every opinion from every trial witness, a virtually impossible task. Many felt that civil cases were being bogged down with hypertechnical...

A comparison of the criminal appellate decisions of appointed state supreme courts: insights, questions, and implications for judicial independence.
Of all the systems used to select judges in the United States, appointment systems are the most widely used. (1) An appointment system is one in which the state's governor, with or without the input of a nominating commission, chooses candidates to fill initial and interim vacancies on a...

The failure of punitive damages in employment discrimination cases: a call for change.
ABSTRACT Punitive damages were described by one early court as "an unsightly and an unhealthy excrescense." Although views toward punitive relief have changed over the years, the debate over the availability of exemplary damages in the judicial system has remained controversial. No place is that controversy more...

How do federal courts of appeals apply Booker reasonableness review after Gall?
I. INTRODUCTION II. THE MODERN SENTENCING REGIME A. United States v. Booker and Rita v. United States B. The Effects of Gall v. United States and Kimbrough v United States III. OVERVIEW OF THE STANDARDS USED A. Abuse of Discretion Standard 1. Ninth Circuit 2. Second Circuit B. Proportional...

Reverse Payment Patent Settlements: the Interplay of Antitrust and Patent Policies.
While often seen as incompatible, in a proper balance, antitrust and patent laws encourage innovation while promoting commerce, as a goal of each is to provide new and beneficial technologies to the marketplace. Indeed, as Judge Posner explained, "It is not a violation of [the antitrust] laws to acquire...

Spoliation And Remedies For Evidence Lost Or Destroyed: Conservative Canadian Approach.
Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Litigation, November 2008 In the recent decision of McDougall v. Black & Decker Canada Inc., the Alberta Court of Appeal clarified the law of spoliation in Canada, articulating a more conservative approach...

Personal Injury: Update On Assessing Damages.
The recent decision of the New South Wales Court of Appeal in Harrison v Melham [2008] NSWCA 67 (Harrison) has made it easier for plaintiffs in personal injury claims to recover damages for gratuitous care. Background Harrison was an excavator operator who injured his back while assisting...

Recent New York appellate decisions will impact municipal tort litigation.
INTRODUCTION Throughout the past thirty years, the Fordham Urban Law Journal has progressively published numerous articles concerning a broad range of topics, including discussions of decisions affecting litigation practice and municipal liability. (1) This Article will discuss and summarize the recent significant decisions by the New York...