Kirk Jenkins at Sedgwick LLP

Illinois Supreme Court: A First Look at the Questions Log for 2013

As I’ve written elsewhere, the Illinois Supreme Court tends to be what appellate attorneys call a “hot bench,” with questions potentially coming from any or all of the Justices in any given argument. With the May term having...more

5/16/2013

Argument Before Illinois Supreme Court in Performance Marketing Continued to Morning of May 22nd

An update on last week’s post on Performance Marketing Association, Inc. v. Hamer: with the posting of the Court’s docket book for the May term, we learned that the oral argument in Performance Marketing has been continued...more

5/10/2013 - Marketing Marketplace Fairness Act

Are "Click-Through" Internet Marketing Tax Laws Constitutional?

Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May...more

5/2/2013 - Amazon Click-Through Nexus Internet Taxation Multistate Tax Commission Sales & Use Tax

Divided Supreme Court Upholds Chicago Condo Association Ordinance

Yesterday, the Illinois Supreme Court filed its long-awaited opinion in Palm v. 2800 Lake Shore Drive Condominium Association. Although on its face, Palm relates only to the enforceability of a Chicago city ordinance on...more

4/29/2013 - Condominium Act Condominium Associations Document Productions Enforcement Home Rule States

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

4/26/2013 - Oral Argument

The Kilbride Court After Two Years: A Pragmatic and Collegial Team

Reviewing the videotape of every civil oral argument at the Illinois Supreme Court, as I do for my firm's blog The Appellate Strategist, you can't help but be impressed by the collegiality of the Illinois Supreme Court. At...more

4/25/2013 - Court Administration

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

4/24/2013 - Article III Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 Rule 68 SCOTUS

Illinois Supreme Court Intervenes in Politically Charged State Pension Battle

Earlier this month, the Illinois Supreme Court accepted its first direct appeal in over three years, agreeing to wade into the politically charged battle over state employee pension rights. The Court ordered the consolidated...more

4/23/2013 - Pension Plan Amendments Pension Protection Act of 2006 Pensions Putative Class Actions

Illinois Supreme Court to Decide Condominium Dispute on Thursday

The Illinois Supreme Court just announced that on Thursday morning, it will file its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, a dispute over an owner’s right to compel the production of documents by...more

4/23/2013 - Attorney's Fees Condominiums Documentation

The Illinois Supreme Court 2012: The Year in Review

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

4/22/2013 - Asbestos Car Accident Class Action Class Certification Corporate Dissolution Duty to Minor Trespassers Evidence Governmental Employees Tort Immunity Act Hospitals Record Preservation Sexual Abuse Sovereign Immunity Storm Water Teachers

Why Russell v. SNFA Matters

On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court's first opportunity to apply the United States...more

4/22/2013 - Foreign Manufacturers Forum State J. McIntyre Machinery v. Nicastro Manufacturers Personal Jurisdiction SCOTUS Stream of Commerce

How Late Can a Default on a Foreclosure Suit Be Vacated?

In the closing days of the March term, the Illinois Supreme Court allowed a petition for leave to appeal in Wells Fargo Bank, N.A. v. McCluskey, a decision from the Second District reversing an order refusing to vacate a...more

4/8/2013 - Abuse of Discretion Default Foreclosure Wells Fargo

Illinois Supreme Court Declines to Decide the Question Presented in Boyar

The Illinois Supreme Court granted leave to appeal in In re Estate of Boyar to decide whether the doctrine of election applies to trusts, and, if it does, to delineate any exceptions to the doctrine. But when the Court's...more

4/8/2013

How Is an Appeal from the Certification of a Pollution Control Facility Brought?

In the final days of the March term of the Illinois Supreme Court, the Court allowed a petition for leave to appeal in The Board of Education of Roxana Community Unit School District No. 1. v. The Pollution Control Board, et...more

4/8/2013 - Appeals Certifications Pollution Control Board Pollution Control Facilities

Is an Emergency Room Physician Protected From Liability By the Good Samaritan Act?

In the final days of the March term, the Illinois Supreme Court granted review in Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd., which poses the question of whether physicians qualify for...more

4/8/2013 - Emergency Rooms Good Samaritans Healthcare Immunity Physicians Wages

A Tale of Three Cases: California's Split Over Concepcion Continues

In state and Federal courts throughout the country, the defense and plaintiffs’ bars are debating the application of the United States Supreme Court’s landmark 2011 decision in AT&T Mobility v. Concepcion, in which the Court...more

4/5/2013 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Discover Bank Rule Rest and Meal Break SCOTUS Unconscionable Contracts Wage and Hour

Illinois Supreme Court to File Opinion in Boyar on Thursday Morning

The Illinois Supreme Court has announced that on Thursday morning, it will file its opinion in In re Estate of Boyar. Boyar presents the issue of whether the doctrine of election - which teaches that a party may not accept...more

4/2/2013 - Doctrine of Election

Comcast Corp. v. Behrend: Even More Than Meets the Eye?

On Wednesday, the United States Supreme Court handed down its opinion in another of this term’s major class action cases. Following on the heels of Standard Fire Insurance Co. v. Knowles, where the Court closed a loophole...more

4/2/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Daubert Hearing Dukes v Wal-Mart Expert Testimony SCOTUS

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

4/1/2013 - Duty to Defend Indemnification Insurers TCPA Unsolicited Faxes

Argument Report: Illinois Supreme Court Considers Whether Cook County Commission on Human Rights Can Award Punitive Damages

On Tuesday morning, the Illinois Supreme Court gave little concrete indication of how it will likely rule during oral argument on Crittenden v. Cook County Commission on Human Rights. Counsel for the Commission and the...more

3/22/2013 - Commission on Human Rights Local Ordinance Punitive Damages Sexual Harassment

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