Last month, I joined a panel discussion on blogging during a PLI program on social media led by LexBlog‘s Kevin O’Keefe. I explained how important following blogs through an RSS Reader is to keeping up to speed in a world where information moves more quickly than ever. I recalled that comment this week while thinking about … Continue Reading
Like many lawyers – and most appellate specialists – I’m closely following the waning days of the United States Supreme Court’s term. To those of us who spend a lot of time reading recent opinions of the Court, it’s been clear for a number of years that many Justices are becoming increasingly comfortable doing their own … Continue Reading
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
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
Can a public entity or employee be sued over the negligent operation of an emergency vehicle responding to a call? This morning, the Illinois Supreme Court held in Harris v. Thompson [pdf], written for a 6-Justice majority by Justice Charles E. Freeman, that the answer is “No.” Harris arose from a 2004 accident. Defendant, a publicly owned … Continue Reading
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
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
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
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
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
Our second new grant of the May term at the Illinois Supreme Court is McFatridge v. Madigan [pdf]. McFatridge involves a simple question: if an elected official gets sued for his or her official actions, who pays the lawyer? Turns out, there’s conflicting statutory language on that one. Plaintiff used to be the State’s Attorney — an … Continue Reading
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