Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Debates Scope of Accountant-Client Privilege in Will Contests

Last week, the Illinois Supreme Court heard oral argument in Brunton v. Kruger.  Brunton involves the scope of the accountant-client privilege – specifically, what happens to that privilege after the client dies, and how the...more

1/26/2015 - Accountants Financial Statements Oral Argument Privilege Waivers Subpoenas Work Product Privilege

Illinois Supreme Court Debates Self-Critical Analysis Privilege

Last week, the Illinois Supreme Court heard argument in a case being closely watched by the civil defense bar: Harris v. One Hope United, Inc. Harris poses a simple question: does Illinois recognize the self-critical...more

1/26/2015 - Contractors Public Entities Self-Critical Analysis Privilege

Illinois Supreme Court Debates Scope of Tort Duty for Insurance Agents

Last week, the Illinois Supreme Court began hearing arguments from its civil docket with Skaperdas v. Country Casualty Insurance Company. Skaperdas poses a major question for the insurance industry: does a “captive”...more

1/26/2015 - Captive Insurance Company Duty of Care Insurance Agents Insurance Industry Insurance Litigation

Illinois Supreme Court Debates "Rules of the Road" Orders in Custody Disputes

It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying...more

1/12/2015 - Child Custody Disparagement Divorce Injunctions

Illinois Supreme Court Debates Whether Treasurer Needs Appellate Bond

Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial...more

1/12/2015 - Appeals Bonds Judicial Review Subject Matter Jurisdiction Workers Compensation Awards

Illinois Supreme Court Debates Starting Point for Appeals Clock

Can an oral order apparently disposing of all post-trial motions start the appeals clock running when the trial court is still considering a post-trial motion for setoff (and may be planning to enter a written order on the...more

1/12/2015 - Appeals Employer Liability Issues Federal Employers' Liability Act Rule 272

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older...more

1/12/2015 - Amended Legislation Contaminated Properties Environmental Protection Act Landfills Remediation

Illinois Supreme Court Debates Workers' Comp Commission and Attorneys' Fees

Does the Workers’ Compensation Commission have exclusive jurisdiction over a plaintiff’s claim for breach of an agreement to pay referral fees in connection with two workers’ compensation cases? That’s the question the...more

1/5/2015 - Breach of Contract Jurisdiction Referral Fees

Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine

Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois...more

1/5/2015 - Attorney Malpractice Innocent Insured Insurance Litigation

Illinois Supreme Court Adopts Accelerated Schedule for Pension Law Appeal

The Illinois Supreme Court announced that the centerpiece of its civil docket for 2015, the State’s appeal from the Circuit Court’s order striking down public pension reform, will be heard on a “rocket docket” schedule. The...more

1/5/2015 - Appeals Oral Argument Pension Reform Pensions Popular

Illinois Supreme Court Debates Constitutionality of Nursing Home Tax

During its November term, the Illinois Supreme Court heard oral argument in Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka. Grand Chapter is a direct appeal from the Circuit Court’s holding that...more

1/5/2015 - Appeals Healthcare Nursing Homes Skilled Nursing Facility State Taxes

The Whole Is the Sum of Its Parts: Illinois Supreme Court Upholds Service in Bettis

According to the Election Code, anyone wishing to get judicial review of a decision of an electoral board must “serve a copy of the petition upon the electoral board and other parties to the proceeding . . .”...more

1/2/2015 - Bonds Judicial Review Petitions for Review Public Schools School Districts Service of Process

Illinois Supreme Court Agrees to Decide Breadth of Condo Developer's Tort Duties

In the closing days of its November term, the Illinois Supreme Court agreed to review a decision from Division 5 of the First District with potentially significant implications for developers: Henderson Square Condominium...more

1/2/2015 - Breach of Duty Condominiums Contract Disputes Marketing Mixed-Use Zoning Public Projects Real Estate Development Real Estate Market

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following...more

1/2/2015 - Arbitration Arbitration Agreements Board of Education Collective Bargaining Hiring & Firing Public Sector Unions Teachers Unions

Illinois Supreme Court Agrees to Decide Whether Pension Board's Disability Finding is Preclusive in Employee Benefits Act...

In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health...more

12/16/2014 - Disability Health Insurance Pensions Public Employees

Illinois Supreme Court Agrees to Decide FutureGen Clean Coal Dispute

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potentially enormous consequence to a major Illinois utility, agreeing to review an order of the Illinois Commerce Commission...more

12/16/2014 - Clean Energy Coal Electricity Utilities Sector

Illinois Supreme Court to Tackle Election Law and Sovereign Immunity on Thursday

The Illinois Supreme Court just announced that on Thursday morning, it will hand down decisions in two civil cases: Bettis v. Marsaglia, No. 117050 – “Does a plaintiff’s failure to name the Electoral Board as a party...more

12/16/2014 - Election Laws Exclusive Jurisdiction Immunity Jurisdiction Sovereign Immunity

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more

12/16/2014 - Data Collection Discovery Hospitals Medical Malpractice Negligent Credentialing Physicians

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company's Liability for Customers' Accidents

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more

12/16/2014 - Auto Insurance Automotive Industry Car Accident Self-Insurance

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the...more

12/15/2014 - At-Will Employment Hiring & Firing Retaliation Termination Wrongful Termination

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

12/8/2014 - Appeals Attorney's Fees Bodily Injury Hospitals Liens Settlement

Illinois Supreme Court Agrees to Decide Whether a Zoo is a "Local Public Entity"

The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public...more

12/8/2014 - Public Entities Statute of Limitations

Illinois Supreme Court Agrees to Decide Whether Failing to Give Reasons in Order on Sanctions Motion is Reversible Error

In the closing days of its November term, the Illinois Supreme Court agreed to decide a simple issue with potential implications across a wide variety of civil litigation: is a trial court’s order granting or denying...more

12/8/2014 - Motion for Sanctions Reversible Error Sanctions Trial Court Orders

Illinois Supreme Court Finds All Postal Marks are Not Created Equal

On Thursday morning, a unanimous Illinois Supreme Court affirmed in Huber v. American Accounting Association. As briefed, Huber presented the question of whether a postmark was sufficient proof of timely mailing to trigger...more

12/1/2014 - Mail Mailbox Rule Postmark Service of Process

Illinois Supreme Court Reinstates Attorney General's Appeal from Illinois Commerce Commission Order

On Thursday morning, the Illinois Supreme Court resolved a confused issue in utilities law, holding unanimously in The People of the State of Illinois ex rel. Madigan v. Illinois Commerce Commission that the 35-day period...more

11/25/2014 - Administrative Appeals Appeals Public Utility

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