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Kirk Jenkins

Kirk Jenkins

Sedgwick LLP


Latest Posts › Appeals

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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

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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