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Our preview of the September term of the Illinois Supreme Court continues with Toftoy v. Rosenwinkel [pdf]. We all learned about it in law school, and few of us have probably thought of the phrase since: “coming to a nuisance.” The notion is basically this: if you’re the last to move in, you’re stuck with your … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with In re Marriage of Mathis [pdf]. Often in divorce proceedings there is a need to bifurcate: to enter a judgment of dissolution before the property settlement. But on the other hand, after the dissolution — the literal divorce — has been entered, often … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with EMC Mortgage Corp. v. Kemp [pdf]. Kemp involves a tangled procedural history, but ultimately, a reasonably simple question: when can you appeal from an order for the foreclosure sale of a home? Plaintiff filed its foreclosure complaint in the summer of 2006. The … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with Carr v. Koch [pdf]. Plaintiffs have challenged states’ school financing systems on constitutional grounds for nearly two generations now. The state Supreme Courts of Montana, New Jersey, Kentucky and Texas all struck down their state systems, while other challenges failed, such as San Antonio School … Continue Reading
Our preview of the September term of the Illinois Supreme Court continues with Cooney v. Rossiter [pdf]. Cooney occurs at the intersection of res judicata and class action work: if a putative class action goes down in flames on the merits before class certification, is the putative class representative’s individual claim barred too? Plaintiff Deborah … Continue Reading
Our preview of the September term continues with Center Partners, Ltd. v. Growth Head GP, LLC [pdf]. Center Partners involves a dispute over the purchase of a property company. Defendants – a maze of corporations, partnerships and trusts we’ll call Westfield, Rouse and Simon – negotiated the purchase of the assets of Rodamco North America. Rodamco owned … Continue Reading
Late last month, the California Supreme Court raised the stakes for defense counsel negotiating settlements in multiple defendant cases, abolishing the common-law “release rule” in Leung v. Verdugo Hills Hospital [pdf]. Leung has gotten a good bit of attention in the news and the blogs, including stories in The Wall Street Journal, Findlaw, Plaintiff Magazine [pdf] … Continue Reading
Yesterday, the Illinois Supreme Court posted its docket for the upcoming September term [pdf]. Today, we begin a series of previews of civil cases scheduled to be argued this term, starting with the first civil argument on the docket: Hernandez v. Bernstein. In 2005, the plaintiffs sued the defendants, his former attorneys, alleging that they negligently … Continue Reading
Usually, a negligent misrepresentation case from the Minnesota Supreme Court would fall a bit outside my usual purview for blogging. But as a lifelong Kentucky basketball fan, how could I resist commenting on Williams v. Smith [pdf]: a suit revolving around the hiring of an assistant basketball coach with an ex-Kentucky coach as a defendant, and … Continue Reading
With the September term approaching and two new civil decisions being filed, coverage of the Illinois Supreme Court has picked up recently in the news and on the blogs. At the Madison St. Clair Record, Bethany Krajelis had this story about competing amicus briefs filed with the Court in Fennell v. Illinois Central Railroad Co., … Continue Reading
By any definition, it’s a crisis: your client receives a summons and complaint for a putative class action in Federal court. Can you close down the case in the starting gate by just giving the named plaintiff what he or she wants — filing a Rule 68 Offer of Judgment for all requested relief, plus … Continue Reading
In its other opinion this morning, the Illinois Supreme Court handed down its decision in Santiago v. E. W. Bliss Co. [pdf] Santiago is a products liability case (see here for our preview of the opinion). Plaintiff Rogasciano Santiago allegedly entered the United States illegally in 1993, coming to Chicago. After working at two jobs under his true … Continue Reading
This morning, the Illinois Supreme Court handed down its decision in Doe v. White [pdf]. Doe arises from a teacher sexual abuse case. As explained in detail here, a grade school teacher was disciplined for sexual misconduct by his then-employer, the McLean County School District. Rather than reporting the matter to state authorities, McLean purportedly took a … Continue Reading
Of course, stage names are commonplace in Hollywood. Pen names are relatively common among authors as well. But can you sue under a pen name? Well – only for a very good reason. Nearly all states have a “fictitious names” statute. In Illinois, the statute is 735 ILCS 5/2-401, and it says that unless a party name is … Continue Reading
The Illinois Supreme Court will release two civil opinions tomorrow [pdf]. While we await the opinions, here’s a preview of the first case, Doe v. White [pdf]. Doe arises from a sexual abuse case against a second-grade teacher in Urbana. The victims and their mothers sued not only the Urbana school district and various administrators, but also the … Continue Reading
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
In the closing days of its term, the Supreme Court announced that it had granted certiorari in Comcast Corporation v. Behrend, setting up what is certain to be a major battle over expert testimony and class certification hearings. Behrend arises from what appears to be the largest certified class in history – more than two … Continue Reading
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
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
