Subscribe to all posts by Kirk Jenkins
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
The Illinois Supreme Court has announced that on the morning of Thursday, May 24, it will file opinions in two civil cases [pdf]: Bonhomme v. James, No. 112393 et al. — (1) Should the tort of fraudulent misrepresentation be extended to a largely personal setting on the facts pleaded? (2) Did the plaintiff plead justifiable … Continue Reading
Last week, two long-standing judicial emergencies in the district courts ended with the Senate’s confirmation of Gregg Jeffrey Costa as a District Court Judge for the Southern District of Texas and David Campos Guaderrama as a District Court Judge for the Western District of Texas. Judge Costa’s seat had been vacant since June 11, 2010, and … Continue Reading
Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are: May 22: Moore v. Chicago Park District, No. 112788 – Does an unnatural accumulation of snow and ice constitute … Continue Reading
As Chief Justice John Roberts observed last year [pdf], judicial nominations have become something of a game for the political branches of the Federal government. Slow-walking judicial nominations – or even bringing the processing of new nominees to a complete halt – is either the last bastion of freedom or an assault on the Constitution. Both parties … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, April 19, it will file an opinion in one civil case [pdf]: Santiago v. E. W. Bliss Co., No. 111792 – When an injured plaintiff intentionally files a complaint using a fictitious name, without leave of court as provided in 735 ILCS 5/2-401, … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, October 27, it will file opinions in two civil cases [pdf]: A.B.A.T.E. v. Giannoulias, No. 110611 — Does a state statute permitting the transfer of funds from the Cycle Rider Safety Training Fund to the General Revenue Fund violate the Takings Clause of … Continue Reading
This afternoon the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues presented in each, are: September 20: Simpkins v. CSX Corporation, No. 110662 — Does an employer owe a tort duty of due … Continue Reading
"You don’t want to lose credibility," Justice Thomas told Bryan Garner during their 2007 interview [pdf]. "That is the one thing you bring with you. And if you lose it, it’s hard to get it back." A lawyer’s credibility is his or her stock in trade, and that’s especially true in the appellate courts. Appellate judges rely on … Continue Reading
My favorite part of my job is oral argument. A well-prepared oral argument with a hot bench is everything that draws a lawyer into appellate practice — a fast-paced but thoughtful give-and-take about what the law is, and where it should go. As Justice Scalia told Bryan Garner, “I think good counsel welcomes, welcomes questions.” Still, nothing … Continue Reading
"God created man because he loved to hear stories," goes an Ethiopian proverb. You might think that narrative has little or nothing to do with writing a good brief. But as Professor James Boyd White reminds us, "The law always begins in a story . . . It ends in a story, too." Chief Justice Roberts tells … Continue Reading
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
In 2006 and 2007, legal writing icon Bryan Garner had an amazing opportunity — he interviewed eight of the nine then-sitting Justices of the United States Supreme Court on legal writing and appellate advocacy. The videotapes have been posted on Garner’s LawProse site for a while now, but last year, Garner made the Justices’ advice even … Continue Reading
From time to time, I’ve reported on important new decisions from around the country on the scope of the economic loss rule, see here, and here, and here. Last month, the Arizona Court of Appeals gave the defense bar an important new precedent, extending the economic loss rule to service contracts. First, to review: economic losses are … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, May 19th, it will file opinions in four civil cases (pdf): General Motors Corporation v. Pappas, No. 108893— (1) Does the 2005 amendment to the Property Tax Code, 35 ILCS 200/23-20, providing for the payment of interest on property tax refunds at the … Continue Reading
On Friday the Illinois Supreme Court published its Call of the Docket [pdf] for the May term, and the Court will hear oral argument in five civil cases. The cases, with the issue or issues presented in each, are: May 11: Palm v. 2800 Lake Shore Drive Condominium Association,No. 110505 – Are the provisions of the … Continue Reading
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
This afternoon, the Illinois Supreme Court published its Call of the Docket [pdf] for the March term, and the Court will hear oral argument in six civil cases. The cases, with the issue or issues presented in each, are: March 16: Sheffler v. Commonwealth Edison Co.,No. 110166 – Does a complaint seeking both injunctive relief and … Continue Reading
Justice Carlos Moreno of the California Supreme Court announced today that he will be retiring from the Court, effective February 28, 2011. The surprise announcement, coming on the heels of Chief Justice Ronald M. George’s retirement, gives new Governor Jerry Brown his first Supreme Court appointment only days into his term.… Continue Reading
