Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Holds Trial Courts May Consider Equity on Fact-Bound Motions for Relief from Judgments

Section 2-1401 of the Illinois Code of Civil Procedure provides that courts may grant relief from a judgment on petition made within thirty days of the original entry of the judgment. The statute further provides that the old...more

6/4/2015 - Appeals Default Judgment Logging

Illinois Supreme Court Holds Treasurer Needs Appeal Bond Too

Earlier this month, a unanimous Illinois Supreme Court held in Illinois State Treasurer v. Illinois Workers’ Compensation Commission that the State Treasurer, when appealing a workers’ compensation award in a case where he...more

4/27/2015 - Administrative Appeals Appeals Workers' Compensation Defense

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sister blog, the Illinois Supreme Court Review, we’ll address the question of just how rare it is to get an unpublished decision – what we in Illinois call a Rule 23 order –...more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Fiduciary Duty Minority Shareholders Misappropriation Rule 23 Shareholders Standing Statute of Limitations Trademarks Unpublished Opinions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 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

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 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

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

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 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

Much Ado About Little: Deadlocked Illinois Supreme Court Punts on Red Light Camera Ordinances

One of the most widely anticipated cases on the Illinois Supreme Court’s civil docket ended on Thursday morning with a surprise: the Court decided not to decide, dismissing the appeal in a per curiam order....more

11/24/2014 - Appeals Dismissals Red Light Cameras

Illinois Supreme Court Debates Constitutional Challenge to Rental Housing Support Program

During its September term, the Illinois Supreme Court heard oral arguments in Marks v. Vanderventer, a direct appeal from the Circuit Court after the court’s order finding the fee collection provisions of a “Rental Housing...more

11/24/2014 - Affordable Housing Appeals Filing Fees Hidden Fees Municipalities Oral Argument

Illinois Supreme Court Agrees to Decide How Social Security Benefits Offset in Divorce Settlement

In the closing days of its September term, the Illinois Supreme Court agreed to decide an issue of potential importance to the domestic relations bar: how are Social Security benefits treated in a property settlement during a...more

11/18/2014 - Appeals Divorce Social Security Benefits

Illinois Supreme Court Seems Likely to Reinstate Attorney General's Appeal from ICC Order

In the recently concluded September term, the Illinois Supreme Court heard one of the shortest civil arguments it has heard in many years in People ex rel. Madigan v. Illinois Commerce Commission. Madigan seems likely to...more

10/16/2014 - Administrative Hearings Appeals Decisions Filing Deadlines

Illinois Supreme Court Agrees to Decide If Accountant-Client Privilege Applies to Will Contests

In the closing days of its September term, the Illinois Supreme Court allowed a petition for leave to appeal in Brunton v. Kruger. Brunton involves the scope of the accountant-client privilege – more specifically, what...more

10/15/2014 - Accountants Appeals Business Privilege Privilege Waivers

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 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 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

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

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