Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Chief Justice Invites New Governor, Legislature to Rare Evening Oral Argument

This evening will bring an event likely not seen in Illinois in more than a century – an evening session of the Illinois Supreme Court....more

3/18/2015 - ILL Supreme Court Oral Argument

Illinois Supreme Court Clarifies Voidness Doctrine, Strikes Constitutional Finding in Collection Agency Dispute

In the closing days of February, the Illinois Supreme Court handed down its decision in LVNV Funding, Inc. v. Trice, a direct appeal from the Cook County Circuit Court. LVNV is noteworthy because it clears away ambiguous...more

3/18/2015 - Collection Agencies Debt Collection ILL Supreme Court Registration Requirement

Illinois Supreme Court Likely Poised to Strike Down Pension Reform Act

9684675705_4dda20b9d4_zThis afternoon, the Illinois Supreme Court heard oral argument on the biggest case on its civil docket, In re Pension Reform Litigation. In re Pension Reform Litigation involves the question of whether...more

3/12/2015 - ILL Supreme Court Oral Argument Pension Reform

The Pension Case: The State’s Reply Brief

In their reply brief in the Public Pension Reform Act appeal, the State immediately zeroes in on what it perceives as the central difficulty of the plaintiffs’ position: the trial court’s conclusion that the Pension...more

3/5/2015

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

3/3/2015 - Attorney Malpractice ILL Supreme Court Law Firm Partners Malpractice Insurance Misrepresentation Rescission

Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his...more

2/20/2015 - Advertising Class Action Faxes Mootness Opt-Outs Settlement TCPA Unsolicited Faxes

Illinois Supreme Court Debates Anonymity of Internet Poster

In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to...more

2/20/2015 - Anonymity Defamation Discovery First Amendment Internet Internet Service Providers ISPs Subpoenas

Illinois Supreme Court Agrees to Decide Fiduciary Duty Claim Against Former Counsel

In a few weeks’ time over at Appellate Strategist’s sister blog, the Illinois Supreme Court Review, we’ll address the question of just how rare it is to get an unpublished decision – what we in Illinois call a Rule 23 order –...more

2/20/2015 - Appeals Derivative Suit Fiduciary Duty Minority Shareholders Misappropriation Rule 23 Shareholders Standing Statute of Limitations Trademarks Unpublished Opinions

Illinois Supreme Court Agrees to Decide Breadth of Misconduct Exception for Unemployment Benefits

In the closing days of its January term, the Illinois Supreme Court agreed to hear a case from Division 5 of the First District, Petrovic v. The Department of Employment Security. Petrovic presents an interesting issue on the...more

2/19/2015 - Administrative Appeals Administrative Hearings Appeals Employer Liability Issues Hiring & Firing ILL Supreme Court Standing Termination Unemployment Benefits Willful Misconduct

Illinois Supreme Court Debates Jurisdictional Issues in Child Custody Case

A Circuit Court has subject matter jurisdiction to enter a child custody order pursuant to the Illinois Constitution. But the Court apparently lacks jurisdiction to proceed pursuant to the Uniform Child Custody Jurisdiction...more

2/19/2015 - Child Custody Divorce Subject Matter Jurisdiction

Do You Have to Disclose a Personal Injury Claim in a Bankruptcy Proceeding?

Can a personal injury claim be barred by judicial estoppel if you fail to disclose the unliquidated claim in your personal bankruptcy proceeding? That’s the question the Illinois Supreme Court agreed to decide late in its...more

2/18/2015 - Consumer Bankruptcy Judicial Estoppel

Illinois Supreme Court Debates Intersection of Party Diligence and Motions to Vacate

Section 2-1401 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1401) provides that a judgment may be set aside more than thirty days after its entry on petition for various reasons. So when is the apparent lack of...more

2/18/2015 - Conversion Default Judgment Due Diligence ILL Supreme Court Motion to Vacate Quantum Meirut Trespass

The Illinois Pension Plaintiffs’ Brief: The Cause of State Underfunding, and The Constitutional Convention Revisited

As we’ve written previously, the plaintiffs in the Pension Reform Litigation pending before the Illinois Supreme Court needed to accomplish three things in their Appellees’ Briefs to put themselves in a position to prevail –...more

2/18/2015

Illinois Supreme Court Agrees to Decide Whether a Condo Foreclosure Extinguishes Association’s Lien

In the closing days of its January term, the Illinois Supreme Court agreed to decide an issue of considerable potential importance to the real estate bar – when does a foreclosure sale on a condominium unit extinguish the...more

2/12/2015 - Annual Assessments Foreclosure Homeowners' Association Liens

Illinois Supreme Court Agrees To Decide If School Districts are Subject to Local Zoning

In the closing days of its January term, the Illinois Supreme Court agreed to decide a question involving the potential collision of several different aspects of Illinois constitutional law: are school districts subject to...more

2/12/2015 - ILL Supreme Court Local Ordinance School Districts Zoning Laws

Pensions at the Constitutional Convention, Part II: The Clause is Introduced

Although there were several reasons for the 1970 Illinois Constitutional Convention, public pensions became a major subject of discussion in the weeks before the delegates gathered. Elmer Getz, the Chair of the Convention’s...more

2/11/2015 - Legislative History Pensions Public Pension

Pensions at the Constitutional Convention, Part III: The Opponents and the Vote

We conclude our discussion of the July 21, 1970 debate on the Pension Protection Clause at the Illinois Constitutional Convention. Today, we’ll take a look at more statements by opponents of the measure, the summations by...more

2/11/2015 - Legislative History Pension Protection Clause

Illinois Supreme Court Debates Implied Right of Action Against Clerk for Miscalculating Prison Sentence

During its January term, the Illinois Supreme Court heard oral arguments in Cowper v. Nyberg, a case from the Fifth District posing a novel question: does a prisoner have an implied right of action against the circuit clerk...more

2/10/2015

Pensions at the Constitutional Convention, Part I: The New Jersey Spina Decision

One of the central issues in the ongoing battle, now pending before the Illinois Supreme Court, is about what the delegates to the Constitutional Convention of 1970 who adopted Illinois’ Pension Protection Clause understood...more

2/9/2015 - ILL Supreme Court Pension Protection Clause Public Employees Public Employers

Illinois Supreme Court Denies All Ten Amici Requests in Support of State in Pension Appeal

Over four days in mid-January, no fewer than ten entities – public entities, charitable institutions and individuals – filed motions for leave to file amicus briefs in support of the State’s defense of the public pension...more

2/4/2015 - ILL Supreme Court Motion for Leave Oral Argument Pension Reform

Illinois Supreme Court Clarifies Impact of Oral Rulings on Time to Appeal Clock

What’s the impact on your time to appeal when the trial court says in open court that all substantive attacks on the judgment are denied – does the clock start? That’s the question presented in Williams v. BNSF Railway...more

2/4/2015 - Appeals Entry of Record Oral Ruling

Illinois Supreme Court Affirms Circuit Court Jurisdiction Over Workers Comp Referral Fee Disputes

The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission. But what if one of the attorneys didn’t appear before the Commission, and the...more

2/3/2015 - Administrative Boards Attorney's Fees Referral Fees Rules of Professional Conduct Subject Matter Jurisdiction Workers Compensation Act

Illinois Supreme Court Dismisses Appeal on Interlocutory “Rules of Road” Custody Orders

What procedural and substantive rights are potentially impacted by “rules of the road” orders in child custody cases – interlocutory orders which regulate what the contending parents can and can’t do in interacting with their...more

2/3/2015 - Appeals Child Custody Divorce Interlocutory Orders Mootness

Illinois Supreme Court Affirms Constitutionality of Nursing Home Bed Tax

In the closing days of its January term, a unanimous Illinois Supreme Court upheld the constitutionality of a “bed tax” on Illinois nursing homes, reversing the Circuit Court’s judgment that the tax violates the state...more

2/3/2015 - Bed Tax Healthcare Long-Term Care Nursing Homes Uniformity Clause

Illinois Supreme Court Affirms Revenue Decoupling for Natural Gas Rates

In the closing days of its January term, the Illinois Supreme Court unanimously affirmed the Appellate Court’s decision in People ex rel. Madigan v. Illinois Commerce Commission, approving the use of the so-called...more

2/3/2015 - Natural Gas Rider VBA Utilities Sector

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