Government may soon begin putting an end to forced arbitration clauses
The Consumer Financial Protection Bureau is examining so-called arbitration clauses in terms and conditions for financial products. Last week, the head of the bureau, Richard Cordray, sent the strongest signal yet that the regulatory whip soon will come down on banks and other lenders denying customers their day in court if they feel mistreated. “By […]
Using a Dead Deponent’s Discovery Deposition at Trial
Illinois, unlike many states, uses two types of depositions. The discovery deposition, as its name suggests, is for the purposes of aiding in the discovery process and is a less rigid than a traditional deposition. The evidence deposition adheres to the rules of evidence and can be used in lieu of trial testimony should the […]
Illinois Pattern Jury instruction 12.05 and Reversible Error
Illinois Pattern Jury Instruction 12.05 relates to the negligence of a third party. There are two paragraphs to the instruction, however courts, at their discretion, may opt to omit the second paragraph if the court determines it does not apply. This omission, however, can be seriously prejudicial to a Defendant’s case and ultimately to the […]
Denying Subsequent Remedial Measures
Illinois courts have held that evidence of subsequent repairs is not admissible for the purpose of showing prior negligence, but is admissible for the purpose of showing who had control of the premises on which the injury occurred when control is an issue. (Kellems v. Schiele, 297 Ill. App. 388, 17 N.E.2d 604 (1938)). If […]