The Trial Practice Tips Weblog

This Weblog Is Closed for the Week

I'll return with new posts March 14. In the meantime, please take a look at my other weblog, Notes from the (Legal) Underground, where I hope to be checking in from time to time while I'm out of town.

Another Class Action/Arbitration Clause Decision

In Ragan v. AT&T, No. 5-03-0038 (3/1/05), the Fifth District enforced an arbitration clause and held that a provision prohibiting class actions was not unconscionable on its face under New York law.

The case is another in a recent line of cases dealing with arbitration clauses and class actions.

Related Posts: Recommended Reading About Arbitration Clauses: Bess v. Direct TV; and Those Pesky Arbitration Clauses.

Rule 187 and Successive Motions to Dismiss

May a defendant file a new forum non conveniens motion each time a plaintiff files an amended complaint? That was one of the issues decided in Ellis v. AAR Parts Trading, Inc., 1-02-3744 and 1-03-1156 Cons. (1st Dist. 2/4/05).

And here's the answer: "[A] new challenge to forum is appropriate when new matter[s], new parties, or new causes of action or theories are brought forth in an amended complaint." For a detailed analysis, see the opinion.

Damages for Aggravation of Preexisting Injury

The current issue of Trial Briefs, the newsletter of the ISBA's section of civil procedure, has a good article on a perennially popular topic: whether the aggravation of a preexisting injury is a separation item of damage.

Here's the link (pdf):  "Aggravation of preexisting condition" as a separate element of compensable damages," by James F. McCluskey. In the article, you'll find an analysis of the state of the law in each district of the Illinois appellate court.

Help With Organizing Openings and Closings

Even if you don't use Powerpoint to present your case to a jury, take a look at Dennis Kennedy's review of Cliff Atkinson's new book Beyond Bullet Points. Since the success of your openings and closing depends upon effective communication, I think the Atkinson book would be an interesting addition to the more traditional trial-practice books on your shelf.

Cliff Atkinson, by the way, is the author of the Beyond Bullets weblog.