Friday, March 9, 2018

Chicago Legal Process



A recent ruling from Cook County Circuit Court demonstrates why litigating there is such a problem, especially for out-of-state parties.

In a case involving a Chicago Cubs fan who was struck in the face by an errant foul ball, there were two defendants-Major League Baseball and the Chicago Cubs. Even though there is a state law on point that specifically exempts MLB and its clubs from liability in precisely these circumstances, the judge ruled from the bench that while the local Cubs organization could be dismissed from the case, MLB could not.

Hometowned, anyone? Although in fairness, the Cubs may get dragged back in via an amendment.

Moreover, the court's handwritten order demonstrates another wonderful feature of Cook County practice. Because the clerk of court there has been inexcusably slow in implementing electronic filing and record-keeping (because shuffling paper requires a lot more employees, which means a lot more patronage, which apparently means a lot more donations to the clerk's private campaign fund), court orders are handwritten by the attorneys involved, using actual sheets of carbon paper. Yes, that's right, a reproduction technology that went out in the 1980s is still in daily use in Cook County courts.

It's a great place to litigate.

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