Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court to Decide Whether State Treasurer Needs an Appeal Bond to Challenge Workers Comp Award

Although Illinois courts are courts of general jurisdiction presumed to have subject matter jurisdiction, this presumption doesn’t apply to workers’ compensation proceedings. Pursuant to Section 19(f)(2) of the Workers’...more

6/6/2014 - Appeals Bonds Home Healthcare Workers Judicial Review State Treasurers Subject Matter Jurisdiction Uninsured Employers Fund Workers Compensation Awards

Illinois Supreme Court to Decide If Academic Can Halt Investigation by Suing in Circuit Court

In the closing days of its May term, the Illinois Supreme Court agreed to decide whether an academic at the University of Illinois could obtain injunctive relief from the Circuit Court to halt an ongoing University...more

6/6/2014 - Appeals Colleges Employment Policies Investigations Universities

Illinois Supreme Court Agrees to Decide Whether a Motion for Setoff Stops the Time to Appeal From Running

It’s one of the most fundamental rules of appellate practice: the notice of appeal has to be timely filed, or the appellate court is without jurisdiction to do anything other than dismiss the appeal. In the closing days of...more

6/5/2014 - Appeals Employer Liability Issues FELA Rules of Civil Procedure

California Supreme Court Depublishes Decision on Finality from the Register of Actions

Depublication orders usually aren’t exactly the most earthshaking thing on the California Supreme Court’s weekly conference summaries. Nevertheless, I took particular notice of one on last week’s summary: Dattani v. Lee....more

4/21/2014 - Appeals Fiduciary Duty Final Judgment Interlocutory Appeals

Illinois Supreme Court to Decide If Innocent Insured Doctrine Applies to Renewal Application

The concept behind the innocent insured doctrine is simple: where there are multiple insureds on an insurance policy, a breach by one does not necessarily eliminate coverage for those not personally involved in the breach....more

4/7/2014 - Appeals Innocent Insured Insureds

Illinois Supreme Court to Clarify Mailing Standards for Notice of Appeal

The Illinois Supreme Court has decided a number of cases in recent years involving choices between form and substance or strict and substantial compliance. In most (but not all) cases, a majority of the Justices have sided...more

4/3/2014 - Appeals Notice Requirements

Illinois Supreme Court to Review Timing of Government Appeal From Administrative Orders

In the closing days of the recently concluded November term, the Illinois Supreme Court allowed petitions for leave to appeal from three new civil cases. Our first-look previews of those cases begin today with People ex rel....more

12/12/2013 - Appeals Filing Deadlines Jurisdiction Rate-Making

Argument Report: Who Gets to Appeal Certification as a Pollution Control Facility?

A major taxpayer files 28 separate applications seeking certification of various systems, methods, devices and facilities as "pollution control facilities" within the meaning of the Property Tax Code. If the applications are...more

10/4/2013 - Appeals Motion To Intervene Pollution Control Facilities Property Tax Public School Boards Standing

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

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In...more

2/1/2013 - Appeals Breach of Duty Bylaws Common Elements Condominium Associations Condominiums Duty To Repair Leave to Appeal Repairs Special Assessments

Argument Report: The Perils of E-Filing a Notice of Appeal

Based upon questioning during last week's oral argument, the Illinois Supreme Court seemed unlikely to forgive plaintiff's counsel for filing a notice of appeal electronically in apparent violation of the Circuit Court's...more

1/28/2013 - Appeals E-Filing

Illinois Supreme Court to Consider If Mailbox Rule Applies to Administrative Appeal From Workers Comp Commission

Our preview of the civil cases to be heard by the Illinois Supreme Court during the upcoming January term concludes with Gruszeczka v. The Illinois Workers' Compensation Commission. Gruszeczka poses an important question:...more

1/5/2013 - Administrative Appeals Appeals Judicial Review Jurisdiction Mailbox Rule Notice Requirements Workers' Compensation Defense

Illinois Supreme Court to Consider The Potential Perils of E-Filing a Notice of Appeal

We continue our previews of the civil cases scheduled for oral argument during the Illinois Supreme Court's January term with VC&M, Ltd. v. Andrews....more

1/4/2013 - Appeals Discovery E-Filing Motion To Reconsider Pleadings

Illinois Supreme Court Holds Judgment of Foreclosure Not Immediately Appealable

Under Illinois law, a judgment of foreclosure does not end a mortgage foreclosure case; it remains modifiable by the trial court and is strictly interlocutory. After such a judgment is entered, the property is sold once...more

12/31/2012 - Appeals Foreclosure Mortgages Motion To Reconsider Motion to Vacate

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

12/26/2012 - Absolute Immunity Appeals Bifurcation Date of Valuation Divorce Foreclosure Forum Non Conveniens Motion to Dismiss Res Judicata Standing

Municipal Pensions II: Do Survivors' Pensions Increase Whenever the Salary For the Position Does?

Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen's Annuity and Benefit Fund of Chicago,. Hooker poses the...more

12/15/2012 - Appeals Class Certification Disability Employee Benefits Firemen Pensions Surviving Spouse Wages

Res Judicata Part II: Always Read What the Order Says (and Doesn't Say)

In its second opinion of the day on the doctrine of res judicata, a unanimous Illinois Supreme Court has affirmed the First District, Fifth Division’s decision in Hernandez v. Pritikin. A detailed discussion of the underlying...more

12/15/2012 - Appeals Attorney Malpractice Res Judicata Statute of Limitations

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