The Podium and Panel Podcast

By Dan Cotter and Pat Eckler

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Category: Government

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Episodes: 313

Description

Each podcast episode, Pat Eckler and Dan Cotter will cover several oral arguments and decisions in civil matters at the Illinois Appellate Court and Illinois Supreme Court, with the occasional coverage of SCOTUS and other appellate courts. The purpose of the podcast is to inform of developments that may affect business and are not to be considered legal advice. They do not create a lawyer-client relationship. Information on previous case results do not guarantee a similar future result. The opinions are their own and do not reflect those of the firms for which they work or their clients.

Episode Date
Episode 313 – The Third is the Charm
May 31, 2026
Episode 312 – Ready Made Rule of the Week
May 24, 2026
Episode 311 – Decisions in FAA and FAAAA
May 18, 2026
Episode 309 – That error requires vacatur
May 17, 2026
Episode 310 – He had a pulse
May 11, 2026
Episode 308 – A state court loser
Apr 26, 2026
Episode 307 – Here Radio Silence on Arbitration
Apr 19, 2026
Episode 306 – Industrial Justice
Apr 12, 2026
Episode 305 – Can a Claim Expire
Apr 05, 2026
Episode 304 – Rahimi in sheep’s clothing
Mar 29, 2026
Episode 303 – There must be 50 ways to punt
Mar 22, 2026
Episode 302 – Another case with dogs
Mar 15, 2026
Episode 301 – We decline the invitation
Mar 08, 2026
Episode 300 – Not quite as dramatic as the Movie, 300
Mar 01, 2026
Episode 299 – This case is hitting all of the technology risk
Feb 22, 2026
Episode 298 – 7th Circuit Blackjack
Feb 15, 2026
Episode 297 – Elon Musk Beware
Feb 08, 2026
Episode 296 – The SCOTUS 9 give us another trio
Feb 01, 2026
Episode 295 – Hoosiers for the win
Jan 25, 2026
Episode 294 – Force the case into arbitration?
Jan 18, 2026
Episode 293– Five Hour Tour
Jan 11, 2026
Episode 292 – The Heck Bar
Jan 04, 2026
Episode 291 – Here is to the next five
Dec 28, 2025
Episode 290 – Opinions count for squat
Dec 21, 2025
Episode 289 – Exclusively Insurance Questions
Dec 14, 2025
Episode 288 – Almost Exclusively Workers Compensation Exclusivity
Dec 07, 2025
Episode 287 – Another criticism of counsel
Nov 30, 2025
Episode 286 – A trial court’s effort to manage a struggling jury
Nov 23, 2025
Episode 285 – This case exemplifies the significant deference given to arbitrators
Nov 16, 2025
Episode 284 – When Video killed the Courtroom star
Nov 09, 2025
Episode 283 – Even when drawn in response to a federal court finding
Nov 02, 2025
Episode 282 – Due to a Lapse of Appropriations
Oct 26, 2025
Episode 281 – SCOTUS all day
Oct 19, 2025
Episode 280 – Three duty cases
Oct 12, 2025
Episode 279 – How should the judiciary respond?
Oct 05, 2025
Episode 278 – Does Rosenbach control?
Sep 28, 2025
Episode 277 – Whether the trial court crossed the line from gatekeeping to factfinding
Sep 21, 2025
Episode 276 – We’re back in business Baby
Sep 14, 2025
Episode 275 – The insurance coverage fight can be just as explosive
Sep 07, 2025
Episode 274 - And then there was one
Aug 31, 2025
Episode 273 – What Happens to a High-Stakes Toxic Tort Verdict
Aug 24, 2025
Episode 272 – We take the 5th
Aug 17, 2025
Episode 271 – One of the most powerful tools
Aug 10, 2025
Episode 270 – Judge shopping or joint defense strategy?
Aug 03, 2025
Episode 269 – Privileges, Policy, and Peer Review Immunity
Jul 27, 2025
Episode 268 – Multimillion consequences
Jul 20, 2025
Episode 267 - Fire-alarm monitoring is back
Jul 13, 2025
Episode 266 – A collision of contracts
Jul 06, 2025
Episode 265 - From love letters to litigation
Jun 29, 2025
Episode 264 - A Log Cabin, a Lawsuit, and a Legal Labyrinth
Jun 22, 2025
Episode 263 - Gurney Tip Leads to Summary Judgment
Jun 15, 2025
Episode 262 - A constitutional ride to the Seventh Circuit
Jun 08, 2025
Episode 261 - Four bases for challenging the detention
Jun 01, 2025
Episode 260 - Special Episode - Ted Frank discusses Andren v. End User Consumer Plaintiff Cl
May 30, 2025
Episode 259 - The Children Would be Exposed to content
May 25, 2025
Episode 258 - No Technicolor Dream Coat, but an umbrella?
May 18, 2025
Episode 257 - Understand You disageee, but you have to give us a basis.
May 11, 2025
Episode 256 - A solo, all-Indiana episode
May 04, 2025
Episode 255 - How is that clearly erroneous?
Apr 27, 2025
Episode 254 - We’re Here for one simple question today
Apr 20, 2025
Episode 253 - Pat gets on his hobby horse again
Apr 13, 2025
Episode 252 - The relevant provisions of GIPA do not apply to life insurance
Apr 06, 2025
Episode 251 – A judicial middle finger
Mar 30, 2025
Episode 250 - A video dissent
Mar 23, 2025
Episode 249 - Three from the Court that Reigns Supreme
Mar 16, 2025
Episode 248 - Do we have appellate jurisdiction?
Mar 09, 2025
Episode 247 - Sealing should be used in only narrow circumstances
Mar 02, 2025
Episode 246 - The elements of a breach of contract claim
Feb 23, 2025
Episode 245 - That was not my question, counselor
Feb 16, 2025
Episode 244 – You have never argued before us before, have you?
Feb 09, 2025
Episode 243 - This really is a rabbit hole
Feb 02, 2025
Episode 242 - Whether a federal court may certify a class action
Jan 26, 2025
Episode 241 - Special Episode w/ Ashley Keller re Royal Canin U.S.A., Inc. v. Wullschleger
Jan 23, 2025
Episode 240 - The Challenged provisions do not violate First Amendment rights
Jan 19, 2025
Episode 239 – To Ensure a Level Playing Field Going Forward
Jan 12, 2025
Episode 238 - It seems to me it’s a jury issue
Jan 05, 2025
Episode 237 - A Massive Sea Change
Dec 29, 2024
Episode 236 - Box Store special
Dec 22, 2024
Episode 235 – It is something where we are extraordinarily bereft of expertise
Dec 15, 2024
Episode 234 - We do give two sheets
Dec 08, 2024
Episode 233 – Whether “sole proximate cause” must be in the jury instruction
Dec 01, 2024
Episode 232 - At least ambiguous
Nov 24, 2024
Episode 231 - In a narrow ruling
Nov 17, 2024
Episode 230 - Here’s something less well known
Nov 10, 2024
Episode 229 – 3D chess
Nov 03, 2024
Episode 228 - Will you listen to my question?
Oct 27, 2024
Episode 227 - Special Episode - Ashley Keller - Royal Canin U.S.A., Inc. v. Wullschleger
Oct 23, 2024
Episode 226 – Pat learned something this week
Oct 20, 2024
Episode 225 – The so-called American Rule
Oct 13, 2024
Episode 224 – A truly excellent introduction
Oct 06, 2024
Episode 223 – It is a Michael Corleone thing
Sep 29, 2024
Episode 222 – A Baker’s Dozen of Lawyers
Sep 22, 2024
Episode 221 - The facts of which arise out of the criminal context
Sep 15, 2024
Episode 220 - Short week, short shrift
Sep 08, 2024
Episode 219 - They didn’t want to get in any more trouble
Sep 01, 2024
Episode 218 – We would not have issued the policy
Aug 25, 2024
Episode 217 – I am trying to save you time
Aug 18, 2024
Episode 216 – It is so unremarkable a proposition
Aug 11, 2024
Episode 215 – That was not my question
Aug 04, 2024
Episode 214 – Here is how not to attempt service in a case
Jul 28, 2024
Episode 213 – Illinois has one appellate court
Jul 21, 2024
Episode 212 – They are dense
Jul 14, 2024
Episode 211 – The Cleanup Podcast
Jul 07, 2024
Episode 210 – Chevron is Overruled
Jun 29, 2024
Episode 209 – These precedents were not meant to suggest a law trapped in amber
Jun 23, 2024
Episode 208 – Molehill, making into a mountain  
Jun 16, 2024
Episode 207 – A case that will impact nearly every wrongful death case  
Jun 09, 2024
Episode 206 – One of the Most Contentious Arguments of the SCOTUS Term
Jun 02, 2024
Episode 205 – The Estate’s Claims were barred
May 26, 2024
Episode 204 – The Court’s unanimous opinion today gives a hat tip
May 19, 2024
Episode 203 – The order of the court may be made orally as well
May 12, 2024
Episode 202 - Another arbitration case before a court of review
May 05, 2024
Episode 201 – This Court has said that "otherwise" means to do similar conduct in a different way
Apr 28, 2024
Episode 200 – Two for two hundred
Apr 21, 2024
Episode 199 – Are you arguing the Senate is not a separate entity?
Apr 14, 2024
Episode 198 – Can an arbitration clause apply to conduct that occurred before it was entered?
Apr 07, 2024
Episode 197 – Your client blew up the plant, not saying equal footing?
Mar 31, 2024
Episode 196 – Reasonable measures necessary to avoid the imputation of conflict
Mar 24, 2024
Episode 195 – What does it mean to function a trigger
Mar 17, 2024
Episode 194 – Magnitude of Injury has no relevance here
Mar 10, 2024
Episode 193 – This is Mexican Food instead of American burgers
Mar 03, 2024
Episode 192 – Looks like you dropped your pen
Feb 25, 2024
Episode 191 – That Would be a weird thing to admit
Feb 18, 2024
Episode 190 – That’s kind of a light touch look
Feb 11, 2024
Episode 189 - Who qualifies as a third-party for publication?
Feb 04, 2024
Episode 188 – A Melody of Medical
Jan 28, 2024
Episode 187 – Fairly Unusual Feature Of this case
Jan 21, 2024
Episode 186 –  Standing while falling
Jan 16, 2024
Episode 185 - Special Episode: Third-Party Litigation Finance w/Brian Fitzpatrick and William Marra
Jan 12, 2024
Episode 184 – Machines cannot fully replace key actors in court
Jan 07, 2024
Episode 183 – Sorry, my head is getting cut off
Dec 31, 2023
Episode 182 – It’s Not my line, it’s the legislature’s line
Dec 24, 2023
Episode 181 – Suppose that the parent buys a phone for a child
Dec 17, 2023
Episode 180 – Unrelated parties are considered to have filed separate actions
Dec 10, 2023
Episode 179 –  Nobody has had the Chutzpah
Dec 03, 2023
Episode 178 – Asking too much from a widower
Nov 27, 2023
Episode 177 –  Hen’s tooth rare
Nov 19, 2023
Episode 176 - We admonish plaintiff
Nov 12, 2023
Episode 175 –  We have a profusion of possible tests to choose among
Nov 05, 2023
Episode 174 – You Can’t have it both ways
Oct 29, 2023
Episode 173 – I am not the trier of fact
Oct 22, 2023
Episode 172 – The word except echoes with thunderous impact
Oct 15, 2023
Episode 171 – The Mootness Question
Oct 08, 2023
Episode 170 – My Name is often mispronounced
Oct 01, 2023
Episode 169 – The (Illinois) Supremes of a distinction without a difference
Sep 24, 2023
Episode 168 – I wish that I had Jussie’s Gall
Sep 17, 2023
Episode 167 – Everyone in there saw me shoot him
Sep 10, 2023
Episode 166 – We are one and done
Sep 03, 2023
Episode 165 – Scrape the barrel
Aug 27, 2023
Episode 164 – PIPA pig
Aug 20, 2023
Episode 163 - A solo combo episode
Aug 13, 2023
Episode 162 – Should you cite A dissenting opinion?
Aug 06, 2023
Episode 161 - Flying Solo Again
Jul 30, 2023
Episode 160 – The Legal Magellan on the road for the 2nd of 5 straight weekends.
Jul 23, 2023
Episode 159 – This court is disheartened that we are compelled to reject
Jul 16, 2023
Episode 158 - A bit of bevis and (gun) butthead
Jul 09, 2023
Episode 157 – When did your client have this epiphany?
Jul 02, 2023
Episode 156 - The chickens come home to roost
Jun 30, 2023
Episode 155 – Mockery of a form of trial
Jun 25, 2023
Episode 154 – An embarrassment of riches
Jun 18, 2023
Episode 153 – Hopelessly conflicted
Jun 11, 2023
Episode 152 – Not this mumbo jumbo
Jun 04, 2023
Episode 151 – You cannot have your cheddar biscuits and eat them too
May 28, 2023
Episode 150 – Pick Your Poison
May 21, 2023
Episode 149 – Play Two
May 14, 2023
Episode 148 – A sham and a farce
May 07, 2023
Episode 147 – Guess Whose Back
May 02, 2023
Episode 146 - Flying solo
Apr 23, 2023
Episode 145 - Trust Us
Apr 16, 2023
Episode 144 – Triple 7ths
Apr 08, 2023
Episode 143 – [E]xactly how [do] you want us to rewrite the statute?
Apr 01, 2023
Episode 142 – I am Fine With You Making Stuff Up
Mar 26, 2023
Episode 141 - Scrambled some eggs
Mar 23, 2023
Episode 140 – The Illinois Supreme Court likely heard the most consequential case of its term
Mar 19, 2023
Episode 139 – It doesn’t always take being in the majority to wield great power
Mar 13, 2023
Episode 138 - A Bulletproof ground for affirming the judgment
Mar 05, 2023
Episode 137 – These are not like the nine greatest experts on the internet
Feb 27, 2023
Episode 136 – We are done here
Feb 19, 2023
Episode 135 – Public Necessity so requires
Feb 12, 2023
Episode 134 – The Justices May Just Throw up their hands
Feb 05, 2023
Episode 133 – In pari delicto par excellence?
Jan 29, 2023
Episode 132 - The Theme Show 2
Jan 22, 2023
Episode 131 – The Jurisdictional Hawks at 219 South Dearborn
Jan 15, 2023
Episode 130 – That Gets the Statute Backwards
Jan 09, 2023
Episode 129 – A Supreme Happy New Year
Jan 01, 2023
Episode 128 – We cannot say as a matter of law that the plaintiff’s injury was unforeseeable
Dec 18, 2022
Episode 127 – I think this is the biggest judgment I’ve ever been involved in
Dec 11, 2022
Episode 126 – Doesn't International Shoe sort of relegate that body of cases to the dust bin of history?
Dec 04, 2022
Episode 125 – A justice system cannot operate where the rules… are not worthy of trust,
Nov 27, 2022
Episode 124 – Wait a second - that's a conflict of interest!
Nov 20, 2022
Episode 123 – Was Charles Barkley on the street of a downstate town in 2017?
Nov 13, 2022
Episode 122 – Just when you thought they had litigated all the issues in BIPA
Nov 06, 2022
Episode 121 – Jury may or may not know lot of things.
Oct 30, 2022
Episode 120 –  Would You Like a Frye with That?
Oct 24, 2022
Episode 119 – Judicial notice that cats have nine lives
Oct 16, 2022
Episode 118 – Who loves multi-factor legal standards?
Oct 09, 2022
Episode 117 – In relation to or concerning
Oct 03, 2022
Episode 116 - Lost profits to an extent will always be uncertain
Sep 25, 2022
Episode 115 – The Magellan of lawyers
Sep 18, 2022
Episode 114 - Like peanut butter and jelly
Sep 11, 2022
Episode 113 - That's unwise for you to assume
Sep 04, 2022
Episode 112 - You are going to need a scorecard for this one
Aug 28, 2022
Episode 111 - Any attempt to amend the complaint would be futile
Aug 21, 2022
Episode 110 – Not True
Aug 14, 2022
Episode 109 - No crack, just cannabis
Aug 09, 2022
Episode 108 - The No Argument Episode
Aug 07, 2022
Episode 107 – Lightly Resourced
Jul 31, 2022
Episode 106 - GVR - welcome to the SCOTUS jungle
Jul 24, 2022
Episode 105 - Why are we here?
Jul 17, 2022
Episode 104 - Do you agree the only standard of review that applies is abuse of discretion?
Jul 10, 2022
Episode 103 - Another case of deja vu
Jul 03, 2022
Episode 102 - The Layers of the Onion
Jun 26, 2022
Episode 101 - They are now "regular customers" before the Indiana Court of Appeals
Jun 19, 2022
Episode 100- If ever a case warranted fee shifting, it is this.
Jun 12, 2022
Episode 99 - What you just stated raises the principal question in my mind
Jun 05, 2022
Episode 98- Coverage of coverage cases
May 29, 2022
Episode 97 - We are generalists
May 22, 2022
Episode 96 - There are two introductory legal tenants at issue
May 17, 2022
Episode 95 - He was admiring the tractors
May 10, 2022
Episode 94 - My Question is a yes or no answer
May 01, 2022
Episode 93 - People v. Brown
Apr 30, 2022
Episode 92 - Illinois Road v. County of Cook
Apr 30, 2022
Episode 91 - We are asking this court to thread a very fine needle into a strong headwind
Apr 24, 2022
Episode 90- We’ll get back to you as soon as we find a way to agree
Apr 17, 2022
Episode 89- A court will not strain to find an ambiguity where none exists
Apr 10, 2022
Episode 88 - We are ventriloquist dummies
Apr 03, 2022
Episode 87 - That is what makes this a difficult case
Mar 31, 2022
Episode 86- It takes away Situational discretion
Mar 28, 2022
Episode 85 - The Walmart of the Precast Industry
Mar 20, 2022
Episode 84- The Peter Principle is Indivisible
Mar 13, 2022
Episode 83 - Easy way and slightly less easy way, but both ways are correct.
Mar 06, 2022
Episode 82- Now’s the time to get in that damn truck and leave
Feb 27, 2022
Episode 81 - Not in a position to argue with Starbucks’ Success
Feb 20, 2022
Episode 80 - Looking at informed consent in a vacuum
Feb 13, 2022
Episode 79 - This is a close case
Feb 06, 2022
Episode 78 - Let's give them 2 minutes for rebuttal
Feb 01, 2022
Episode 77- Please State Your Name
Jan 23, 2022
Episode 76 - The Plain Meaning
Jan 16, 2022
Episode 75 - Covid week
Jan 09, 2022
Episode 74 - Upon pain of dismissal
Jan 04, 2022
Episode 73 - We’re Really not interested in unpublished opinions
Dec 26, 2021
Episode 72 - Doctors are not absolutely immune
Dec 23, 2021
Episode 71 - In re Syngenta Litigation
Dec 22, 2021
Episode 70 - What is on your minds?
Dec 19, 2021
Episode 69 - Can you hear me now?
Dec 12, 2021
Episode 68 - Jones v. Kuschell
Dec 08, 2021
Episode 67 - Not shocked enough for Bivens
Dec 06, 2021
Episode 66 - The Theme Show
Nov 28, 2021
Episode 65: Why's that a problem?
Nov 21, 2021
Episode 64 - Destination is destiny
Nov 14, 2021
Episode 63: You usually do not amend your complaint when you win
Nov 07, 2021
Episode 62: Doctors (allegedly) Behaving Badly
Oct 31, 2021
Episode 61 - The Gun Show
Oct 30, 2021
Episode 60: You keep arguing don’t read another word in statute, but asking us to add many words
Oct 24, 2021
Episode 59 - The Supreme Episode
Oct 17, 2021
Episode 58 - Who Thinks That?
Oct 10, 2021
Episode 57 - Isn't this case moot?
Oct 04, 2021
Episode 56 - Let’s Not Jurisdictionalize Them
Oct 01, 2021
Episode 55 - Once you start using initialisms, it is hard to stop
Sep 26, 2021
Episode 54 - What is the limiting principle?
Sep 24, 2021
Episode 53 - Please answer my question
Sep 19, 2021
Episode 52 - Judgment vs. fees
Sep 13, 2021
Episode 51 - Chameleon-like litigants
Sep 05, 2021
Episode 50 - An ill-fated trip to Taco Bell
Aug 29, 2021
Episode 49- That’s where we find ourselves
Aug 22, 2021
Episode 48 - My little flow chart
Aug 15, 2021
Episode 47 - Let the Bomb Proliferate?
Aug 08, 2021
Episode 46 - Beaman gets his day in court
Aug 05, 2021
Episode 45 - The Supreme Court Plan B'd a Guy
Aug 01, 2021
Episode 44 - She certainly waffled
Jul 25, 2021
Episode 43 - Turnt for the Ministerial Exception
Jul 23, 2021
Episode 42 - They want us to do what?
Jul 17, 2021
Episode 41 – A Bundle of Sticks
Jul 09, 2021
Episode 40 - AFP v. Bonta – The Conclusion (Hopefully)
Jul 05, 2021
Episode 39: It was a yes or no answer
Jul 04, 2021
Episode 38- Game of Jenga
Jun 27, 2021
Episode 37- If you don’t ask, you don’t get
Jun 18, 2021
Episode 36 - Invited Error
Jun 13, 2021
Episode 35 - The dead are not going to rule the living
Jun 11, 2021
Episode 34 - Sounds to me like merits
Jun 06, 2021
Episode 33 - It's in your brief
May 30, 2021
Episode 32- Bopping back and forth
May 27, 2021
Episode 31 - Such a fundamental instruction
May 23, 2021
Episode 30 - Res Ipsa and other Latin words
May 16, 2021
Episode 29 - Cuatro Por Mayo
May 09, 2021
Episode 28 - We will agree to disagree
May 02, 2021
Episode 27 - Mixing Apples and Oranges
May 01, 2021
Episode 26 - Strictly Exacting Scrutiny or Something
Apr 26, 2021
Episode 25 - The Hole in the Pole
Apr 25, 2021
Episode 24 - Lawyer Piñata
Apr 23, 2021
Episode 23 - Issues with flip-flopping
Apr 18, 2021
Episode 22 - : Boolean search connectors or You May have your favorite initialisms
Apr 11, 2021
Episode 21 - Who is a prisoner?
Apr 05, 2021
Episode 20 - I don’t want to get all Learned Hand on you
Apr 04, 2021
Episode 19 - We Took the Fifth
Mar 28, 2021
Episode 18 - "Do you think everything is a Penn Central question?”
Mar 25, 2021
Episode 17: What Isn’t Possible, your Honor?
Mar 21, 2021
Episode 16 - An absolute immunity for doctors?
Mar 18, 2021
Episode 15 - The Ying and Yang of Damages
Mar 14, 2021
Episode 14 - Will the defense go 3 for 3?
Mar 07, 2021
Episode 13 - Unqualified immunity?
Mar 03, 2021
Episode 12 - Folding like a cheap suit
Feb 28, 2021
Episode 11 - Hotel California Union?
Feb 26, 2021
Episode 10 - Judges (and justices) are people too?
Feb 21, 2021
Episode 9 - Does this policy cover anything?
Feb 14, 2021
Episode 8 - The Jalopy of Justice
Feb 07, 2021
Episode 7 - A Reverse Bernie Madoff
Jan 31, 2021
Episode 6 - Nominal Damages, Textualism, and Parol Evidence
Jan 24, 2021
Episode 5 - The Third Trip to the Illinois Supreme Court
Jan 20, 2021
Episode 4 - Two Wrongful Convictions and a Procedural Morass
Jan 17, 2021
Episode 3 - Free Speech, Anonymity, and SCOTUS
Jan 12, 2021
Episode 2 - BIPA, Standing, and Ambiguity
Jan 10, 2021
Episode 1 - No Reasonable Court
Jan 03, 2021