Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Agrees to Decide Property Dispute Between Former Same-Sex Domestic Partners

In Hewitt v. Hewitt in 1979, the Illinois Supreme Court decided that for public policy reasons, Illinois courts cannot decide property disputes between unmarried couples. In the closing days of the March term, the Court...more

4/9/2015 - ILL Supreme Court Petition for Partition Property Owners Public Policy Same-Sex Marriage

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State,...more

4/7/2015 - Appropriations Bill CBAs Compensation & Benefits ILL Supreme Court Public Employees State Budgets Unions Wage and Hour

136 Means 136: Ballot Signature Requirement Requires Strict Compliance

Ballot access statutes nearly always require that prospective candidates present a given number of valid voters’ signatures in order to qualify for the ballot. In Illinois, nomination for offices below the statewide level...more

4/7/2015 - Ballots Political Candidates Signatures

Illinois Supreme Court Holds Doctrine of Equitable Adoption Doesn’t Apply to Parentage Proceedings

Two years ago, the Illinois Supreme Court recognized the doctrine of equitable adoption in the context of an estate proceeding. In In re Parentage of Scarlet Z.-D., the Court was presented with the question of whether the...more

4/4/2015 - Adoption Child Custody Equitable Adoption Standing

Illinois Supreme Court Holds Captive Insurance Agents Owe Limited Tort Duty to Clients

Section 2-2201 of the Code of Civil Procedure provides that “[a]n insurance producer . . . shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed...more

4/3/2015 - Auto Insurance Duty of Care Fiduciary Duty ILL Supreme Court Insurance Agents Insurance Brokers Respondeat Superior

Illinois Supreme Court Declines to Recognize Self-Critical Analysis Privilege

The self-critical analysis privilege – the notion that organizations should be able to take a candid look at their own procedures and performance without fear of being forced to disclose the results in discovery – has been...more

4/3/2015 - Child Protective Services ILL Supreme Court Self-Critical Analysis Privilege Wrongful Death

Illinois Supreme Court Holds Accountant is Holder of Privilege, No Testamentary Exception

Late in the March term, the Illinois Supreme Court handed down its opinion in Brunton v. Kruger, an opinion with potentially significant implications for Illinois accountants. Brunton posed three related questions about the...more

4/1/2015 - Accountants Confidential Information ILL Supreme Court Privilege Waivers Trustees Trusts

Illinois Supreme Court Holds Custody Order Not Void Despite Custody Act Non-Compliance

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) includes various provisions for determining where a custody and parentage dispute should be litigated when multiple states are involved. But what happens...more

3/30/2015 - Child Custody

Illinois Supreme Court Holds Circuit Court Clerk Had No Duty to Confirm Accuracy of Jail Credits

When a defendant is convicted of a criminal offense and sentenced to prison time, the Unified Code of Corrections requires the Circuit Court clerk to transmit to the Department of Corrections the total time the defendant...more

3/30/2015 - Court Administration Department of Corrections ILL Supreme Court

Illinois Supreme Court Declines to Apply Environmental Injunction Retroactively

In July 2004, the Illinois legislature amended the state Environmental Protection Act to authorize the Attorney General to seek “an injunction, prohibitory or mandatory, to restrain violations . . . or to require such other...more

3/30/2015 - Construction Site Corporate Fines Environmental Protection Act ILL Supreme Court Injunctions Landfills

Chief Justice Invites New Governor, Legislature to Rare Evening Oral Argument

This evening will bring an event likely not seen in Illinois in more than a century – an evening session of the Illinois Supreme Court....more

3/18/2015 - ILL Supreme Court Oral Argument

Illinois Supreme Court Clarifies Voidness Doctrine, Strikes Constitutional Finding in Collection Agency Dispute

In the closing days of February, the Illinois Supreme Court handed down its decision in LVNV Funding, Inc. v. Trice, a direct appeal from the Cook County Circuit Court. LVNV is noteworthy because it clears away ambiguous...more

3/18/2015 - Collection Agencies Debt Collection ILL Supreme Court Registration Requirement

Illinois Supreme Court Likely Poised to Strike Down Pension Reform Act

9684675705_4dda20b9d4_zThis afternoon, the Illinois Supreme Court heard oral argument on the biggest case on its civil docket, In re Pension Reform Litigation. In re Pension Reform Litigation involves the question of whether...more

3/12/2015 - ILL Supreme Court Oral Argument Pension Reform

The Pension Case: The State’s Reply Brief

In their reply brief in the Public Pension Reform Act appeal, the State immediately zeroes in on what it perceives as the central difficulty of the plaintiffs’ position: the trial court’s conclusion that the Pension...more

3/5/2015

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On...more

3/3/2015 - Attorney Malpractice ILL Supreme Court Law Firm Partners Malpractice Insurance Misrepresentation Rescission

Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his...more

2/20/2015 - Advertising Class Action Faxes Mootness Opt-Outs Settlement TCPA Unsolicited Faxes

Illinois Supreme Court Debates Anonymity of Internet Poster

In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to...more

2/20/2015 - Anonymity Defamation Discovery First Amendment Internet Internet Service Providers ISPs Subpoenas

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 Debates Jurisdictional Issues in Child Custody Case

A Circuit Court has subject matter jurisdiction to enter a child custody order pursuant to the Illinois Constitution. But the Court apparently lacks jurisdiction to proceed pursuant to the Uniform Child Custody Jurisdiction...more

2/19/2015 - Child Custody Divorce Subject Matter Jurisdiction

Do You Have to Disclose a Personal Injury Claim in a Bankruptcy Proceeding?

Can a personal injury claim be barred by judicial estoppel if you fail to disclose the unliquidated claim in your personal bankruptcy proceeding? That’s the question the Illinois Supreme Court agreed to decide late in its...more

2/18/2015 - Consumer Bankruptcy Judicial Estoppel

Illinois Supreme Court Debates Intersection of Party Diligence and Motions to Vacate

Section 2-1401 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1401) provides that a judgment may be set aside more than thirty days after its entry on petition for various reasons. So when is the apparent lack of...more

2/18/2015 - Conversion Default Judgment Due Diligence ILL Supreme Court Motion to Vacate Quantum Meirut Trespass

The Illinois Pension Plaintiffs’ Brief: The Cause of State Underfunding, and The Constitutional Convention Revisited

As we’ve written previously, the plaintiffs in the Pension Reform Litigation pending before the Illinois Supreme Court needed to accomplish three things in their Appellees’ Briefs to put themselves in a position to prevail –...more

2/18/2015

Illinois Supreme Court Agrees to Decide Whether a Condo Foreclosure Extinguishes Association’s Lien

In the closing days of its January term, the Illinois Supreme Court agreed to decide an issue of considerable potential importance to the real estate bar – when does a foreclosure sale on a condominium unit extinguish the...more

2/12/2015 - Annual Assessments Foreclosure Homeowners' Association Liens

Illinois Supreme Court Agrees To Decide If School Districts are Subject to Local Zoning

In the closing days of its January term, the Illinois Supreme Court agreed to decide a question involving the potential collision of several different aspects of Illinois constitutional law: are school districts subject to...more

2/12/2015 - ILL Supreme Court Local Ordinance School Districts Zoning Laws

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