Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court to Tackle Election Law and Sovereign Immunity on Thursday

The Illinois Supreme Court just announced that on Thursday morning, it will hand down decisions in two civil cases: Bettis v. Marsaglia, No. 117050 – “Does a plaintiff’s failure to name the Electoral Board as a party...more

12/16/2014 - Election Laws Exclusive Jurisdiction Immunity Jurisdiction Sovereign Immunity

Illinois Supreme Court Holds Circuit Court Lacks Jurisdiction over Whistleblower Rate Challenge

State of Illinois ex rel. Pusateri v. The Peoples Gas Light and Coke Company presented an important question for the utilities bar: do the Circuit Courts have jurisdiction to order rate refunds on the grounds that the utility...more

11/24/2014 - False Statements Jurisdiction Utilities Sector

The Perils of Incomplete Service: The Illinois Supreme Court Debates Bettis v. Marsaglia

During its September term, the Illinois Supreme Court heard oral argument in Bettis v. Marsaglia. Bettis presents an issue of potential significance to election lawyers: is a petition for Circuit Court review from an...more

11/24/2014 - Jurisdiction Oral Argument Rules of Civil Procedure Service of Process

Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in...more

10/16/2014 - Anonymity Defamation Discovery Internet ISPs Jurisdiction News Stories Political Candidates Statute of Limitations

Illinois Supreme Court Holds Improper Venue Not a Jurisdictional Defect in Administrative Review

A unanimous Illinois Supreme Court recently decided Slepicka v. The Illinois Department of Public Health. The Court defined proper venue for an action under state law for judicial review of an administrative decision, and...more

10/10/2014 - Administrative Hearings Improper Venue Judicial Review Jurisdiction Nursing Homes

Sharply Divided Illinois Supreme Court Narrows Circuit Court Jurisdiction Over Pension Board Decisions

In its second significant decision on public employee pensions of the morning, the Illinois Supreme Court has reversed the Appellate Court in The People ex rel. Madigan v. Burge. In an opinion by Justice Anne M. Burke, joined...more

7/7/2014 - Administrative Review Board Jurisdiction Pensions Public Employees

Illinois Supreme Court Debates Effect of Improper Venue in Administrative Review Cases

Our reports on the civil arguments during last month’s term of the Illinois Supreme Court begin with Slepicka v. State of Illinois, a decision from the Fourth District which poses two important and closely related issues for...more

6/23/2014 - Administrative Review Board Jurisdiction Transfer of Venue Venue

Does the Workers' Compensation Commission Have Exclusive Jurisdiction Over Claims for Referral Fees?

In the closing days of its May term, the Illinois Supreme Court allowed a petition for leave to appeal from a decision of the Appellate Court for the Second District in Ferris, Thompson and Zweig, Ltd. v. Esposito. Ferris,...more

6/5/2014 - Jurisdiction Referral Fees Workers Compensation Reform

Coming Soon - The Jurisdictional Implications of Social Media Posts

In the second significant order to come off the civil side of the California Supreme Court’s docket in the wake of Wednesday’s conference, the Court entered a “grant-and-transfer” order in Burdick v. Superior Court...more

3/18/2014 - Jurisdiction Social Media

Illinois Supreme Court to Decide Whether Improper Venue in an Administrative Review Case Deprives the Circuit Court of...

Our previews of the new review grants from the Illinois Supreme Court’s January term continue with Slepicka v. State of Illinois, a case from the Fourth District of the Appellate Court. Slepicka poses a question of general...more

2/12/2014 - Improper Venue Jurisdiction Venue

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

To E-File or Not? Misfiled Notice of Appeal Not Necessarily Fatal, Illinois Supreme Court Rules

Like most states, Illinois is in the early stages of transitioning to an e-filing system in its state courts. With new rules come new problems for litigators: does this case qualify for e-filing? Is e-filing of this document...more

6/28/2013 - E-Filing Jurisdiction Notice of Appeal

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

6/28/2013 - Convictions Jurisdiction Pensions Police Misconduct

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 Will Hear Five Civil Cases During January Term

The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases. ...more

1/5/2013 - Adoption Foreign-Made Goods Jurisdiction Malicious Prosecution

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

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