Monthly Archives: June 2012

Can the Language of a Will Prove Lack of Capacity?

We complete our preview of the new civil review grants at the Illinois Supreme Court with DeHart v. DeHart [pdf], a will contest which raises a range of issues from how do you prove lack of testamentary capacity, to undue influence, to whether or not Illinois should adopt the theory of "equitable adoption." Like many … Continue Reading

The Illinois Supreme Court’s First Nicastro Case

We continue our preview of the new civil review grants from the Illinois Supreme Court with Russell v. SNFA, which raises questions of general and specific jurisdiction over a French-based manufacturer. Russell [pdf] arose from a 2003 helicopter crash in Illinois. The decedent’s estate sued, alleging that one of the helicopter’s tail rotor drive-shaft bearings had … Continue Reading

Beware The Sounds of Silence

In a time of budget cuts — including cuts directed against public employees — Griggsville Perry Community Unit School District v. Illinois Educational Labor Relations Board [pdf] may wind up offering important guidance to the state and local lawmakers. There, the underlying party worked as a noncertified paraprofessional for the plaintiff school district. After a long series … Continue Reading

The Perils of Self-Insurance

Today we continue our previews of the new civil review grants from the May term of the Illinois Supreme Court. In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, [pdf] the Court will face questions about the operation of the Illinois Insurance Guaranty Fund with respect to self-insurers. A worker was seriously injured on the job. At … Continue Reading

New Civil Opinion Coming From the Illinois Supreme Court

The Illinois Supreme Court has announced that on the morning of Thursday, June 21, it will file an opinion in one civil case [pdf]: Harris v. Thompson, No. 112525 — Does the Local Governmental and Governmental Employees Tort Immunity Act, 625 ILCS 5/1-100, which limits the potential liability of government employees to willful and wanton … Continue Reading

Too Late (Part 2): Can Your Fees Request Wait?

Earlier today, we previewed Bjork v. O’Meara, a case about the perils of challenging a will too late. Now we preview a case about timing your claim for attorneys fees: Rodriquez v. Department of Financial and Professional Regulation [pdf]. The defendant Department sued Rodriquez for violating the Medical Practice Act. The parties agreed to stay all proceedings … Continue Reading

Too Late: Suing Over the Will

Today in our continuing series of previews for the Illinois Supreme Court, we bring you two cases on the perils of waiting too long: Bjork v. O’Meara and Rodriquez v. Department of Financial and Professional Regulation. In Bjork [pdf], the plaintiff died, and his will was probated. Plaintiff filed an appearance in the probate proceeding, and … Continue Reading

When Can Private Security Stop and Detain?

Today we begin a new feature for Appellate Strategist — detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature will continue shortly after the end of each term of the Court. Poris v. Lake Holiday Property … Continue Reading
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