The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Tag Archives: Illinois Supreme Court

What We Learned About the Illinois Supreme Court in 2013

Posted in Illinois
[The following post was originally published on Law360.com on February 19, 2014.] With the publication of "The Behavior of Federal Judges," by Lee Epstein, William M. Landes and Judge Richard A. Posner, rigorous statistical analysis of the appellate courts is beginning to move from academic publications to mainstream bar journals. Although academic analysts have focused … Continue Reading

What We Can Learn From Illinois’ Kilbride Court

Posted in Illinois
Note: The following post was originally posted on Law360.com on October 31, 2013. On Friday, Oct. 25, Chief Justice Thomas L. Kilbride ended a three-year term as chief justice of the Illinois Supreme Court, resuming his seat as an associate justice. The following Monday marked the installation of new Chief Justice Rita B. Garman, the … Continue Reading

Three New Civil Decisions Coming From Illinois Supreme Court Tomorrow Morning

Posted in Illinois
The Illinois Supreme Court has announced that it expects to file opinions tomorrow morning at 10:00 a.m. Central time in three civil cases. They are: Hooker v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago, No. 114811 – Do survivors’ pensions under the state Pension Act increase when the salary for decedent’s position … Continue Reading

Illinois Supreme Court to File Opinion in Earlywine on Thursday Morning

Posted in Illinois
Yesterday afternoon, the Illinois Supreme Court posted notice that it expects to issue opinions in three cases on Thursday morning at 10:00 a.m., including one civil case, In re Marriage of Earlywine. Earlywine presents an interesting issue at the intersection between the law of attorneys’ fees and domestic relations: In re Marriage of Earlywine, No. 114779: … Continue Reading

It’s Official: Justice Rita B. Garman is Next Chief Justice

Posted in Illinois
As expected, the Illinois Supreme Court has just announced that Justice Rita B. Garman will become Chief Justice on October 26, 2013. The incoming Chief Justice’s term will run until October 25, 2016. Justice Garman was appointed to the Supreme Court on February 1, 2001, and elected to the Court on November 5, 2002. Her official Court biography … Continue Reading

Illinois Supreme Court to Decide Condominium Dispute on Thursday

Posted in Illinois
The Illinois Supreme Court just announced that on Thursday morning, it will file its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, a dispute over an owner’s right to compel the production of documents by his condominium association. Read the opinion of the Appellate Court for the First Appellate District (Division Five) here. Our summary … Continue Reading

Four New Civil Opinions Coming From the Illinois Supreme Court Thursday

Posted in Illinois
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are: Center Partners, Ltd. v. Growth Head GP, LLC, No. 113107 et seq. – (1) Does the doctrine of subject matter waiver for the attorney-client privilege extend from litigation to business negotiations? (2) … Continue Reading

Illinois Supreme Court in the News: 7/1-15

Posted in Illinois
Coverage of the Court in the news and blogs is light with the Court on its summer hiatus between terms. Bethany Krajelis of The Madison St. Clair Record reported on Republican leaders’ petition for reconsideration of the Court’s order dismissing their constitutional challenge to the redistricting maps drawn by the Legislature. By Court rule, such challenges must … Continue Reading

Illinois Supreme Court in the News: 6/15-30

Posted in Illinois
Today we begin another new feature in our expanding coverage of the Illinois Supreme Court – a regular summary of the news and blog posts about the Court. We’ll run the feature bi-weekly while the Court is in its summer break, and more regularly when the Court resumes its regular terms. Earlier this month, the Court … Continue Reading

Can the Language of a Will Prove Lack of Capacity?

Posted in Illinois
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

Posted in Illinois
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

Posted in Illinois
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

Posted in Illinois
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

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

Posted in Illinois
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

Posted in Illinois
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

Four New Civil Opinions Coming From the Illinois Supreme Court

Posted in Illinois
The Illinois Supreme Court has announced that on the morning of Thursday, June 16, it will file opinions in four civil cases [pdf]: Studt v. Sherman Health Systems, No. 108182– Does the Illinois pattern jury instruction on professional negligence (Civil No. 105.01) correctly state the applicable standards? See Tort Law.   Sheffler v. Commonwealth Edison Co., … Continue Reading

Thursday Will Be Busy at the Illinois Supreme Court

Posted in Illinois
The Illinois Supreme Court has announced that on the morning of Thursday, March 24th, it will file opinions in five civil cases (pdf): Williams v. Board of Review, No. 109469–Was terminated employee entitled to a good cause extension of the statutory deadline requiring that an eligible worker must enroll in an approved training program within … Continue Reading

Illinois Supreme Court Allows Petitions for Leave to Appeal in Eight New Civil Cases

Posted in Constitutional Law, Illinois
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of whether a complaint seeking injunctive and damages relief in connection with defendant’s alleged failure to give priority, in restoring power after … Continue Reading

Illinois Supreme Court Names Justice Thomas L. Kilbride as New Chief Justice

Posted in Illinois
The members of the Illinois Supreme Court have selected Supreme Court Justice Thomas L. Kilbride as the new Chief Justice. Justice Kilbride will begin his term on October 26, 2010, following the retirement of Chief Justice Thomas Fitzgerald. Justice Kilbride received his law degree from Antioch School of Law in Washington, D.C. in 1981. He practiced law … Continue Reading