Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Waiting for Iskanian, Part 6 - California Supreme Court to Hand Down Its Opinion This Morning

The California Supreme Court has announced that it will hand down its much-anticipated decision in Iskanian v. CLS Transportation Los Angeles, LLC this morning. ...more

6/23/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Iskanian

First Thoughts: Live-(Nearly)-Blogging the Oral Argument in Kanerva

This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys...more

9/19/2013 - Class Action Contracts Clause Employee Benefits Pensions Retirement Plan

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 Governmental Immunity Governmental Liability Hospitals Immunity Record Preservation Sexual Abuse Sovereign Immunity Storm Water Teachers

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

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

Supreme Court Unanimously Holds Plaintiffs Can't Stipulate Around CAFA

On Tuesday morning, a unanimous U.S. Supreme Court decisively closed a loophole in the Class Action Fairness Act, holding in Standard Fire Insurance Co. v. Knowles that a purported stipulation by the named plaintiff to seek...more

3/22/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Illinois Supreme Court Declines to Decide Absolute Immunity Issue in Cooney

Cooney v. Rossiter presented two questions: (1) was the plaintiffs' individual action barred by the dismissal of an earlier putative class action; and (2) is a court-appointed psychological evaluator in a child custody...more

12/31/2012 - Absolute Immunity Child Custody Class Action Governmental Immunity Governmental Liability Immunity Intentional Infliction of Emotional Distress Res Judicata

Illinois Supreme Court Takes Broad View of Courts' Power to Decertify a Class

Section 2-802(a) of the Illinois Code of Civil Procedure provides that an order certifying a class action “may be conditional and may be amended before a decision on the merits.” 735 ILCS 5/2-802(a)....more

12/14/2012 - Class Action Class Certification Decertify

Glazer Should Be Added to SCOTUS' Class Action Docket

As I’ve noted in several previous posts, the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the...more

11/16/2012 - Class Action SCOTUS

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