Publications

Section Newsletter Articles on Jurisdiction

Appellate court disagreement about jurisdiction over pollution control certification dispute By Timothy J. Storm Administrative Law, July 2013 A summary of the recent case of Board of Education of Roxana Community Unit School Dist. No. 1 v. Pollution Control Board.
Non-residents’ streams of conduct and personal jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, July 2013 The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
Jurisdiction over the Internet: Innovative Garage Door Co. v. High Ranking Domains, LLC, 2012 Ill.App. (2d) 120117 (Dec. 3, 2012) By John B. Kincaid Civil Practice and Procedure, April 2013 The facts in the recent Innovative Garage Door case raise a new quandary for the plaintiff’s attorney intent on haling a foreign-based Internet company into an Illinois court.
Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Civil Practice and Procedure, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
Truck driver hauls in the necessary evidence to establish an employer-employee relationship and employer loses jurisdictional argument due to service on the Commission By Cameron B. Clark Workers' Compensation Law, January 2013 In Labuz v. Illinois Workers’ Compensation Commission, both the claimant, a truck driver, and his purported employer sought review of the decision of the Commission awarding claimant certain benefits for neck, back and left shoulder injuries.
How far can a raptor (vulture) spread its wings? Internet jurisdiction in the digital age—Wow! By Hon. E. Kenneth Wright Jr. Bench and Bar, December 2012 A complicated jurisdictional dispute can arise both here and in a foreign country when a U.S. Internet service provider offers a variety of services such as search engine, e-mail, auctions, etc. that contain content that violates laws in that country.
Settlement offer defeats class action lawsuit By Michael R. Lied Federal Civil Practice, September 2012 According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.
What does it mean when, at oral argument before the Appellate Court Workers’ Compensation Commission Division, one of the justices asks you “why do you think we have jurisdiction?” By Richard D. Hannigan Workers' Compensation Law, September 2012 Supreme Catering v Illinois Workers’ Compensation Commission concerns original jurisdiction as it is vested in the circuit and appellate court in matters wherein a summons has been issued for appeal of Illinois Workers’ Compensation Commission decision.
Removal jurisdiction following passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 By Patricia S. Smart Federal Civil Practice, June 2012 Parties filing a petition for removal or a request for remand must be sure to consider the revisions made by the JVAC to the provisions of 28 U.S.C. §§ 1441 and 1446.
Too few Internet matchmaking lonely hearts jurisdictionally trump default judgment: be2 LLC v Ivanof (7th Cir. 2011) By Joseph T. Nabor Bench and Bar, August 2011 In the recent case of be2 LLC v. Ivanov, the decision of the District Court was reversed and the court was instructed to dismiss the case for lack of personal jurisdiction.
Trial court subject matter jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, June 2011 The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.
Removal and remand: A primer By Albert E. Durkin Tort Law, March 2011 A defendant can petition to remove a state court claim to a court of federal jurisdiction if the case could have originally been brought in a federal court or in certain circumstances upon the federal court’s discretion.
Recent decision addresses subject-matter jurisdiction in forcible entry and detainer actions By Michael Zink General Practice, Solo, and Small Firm, December 2010 A review of the recent decision of Figueroa v. Deacon.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, September 2010 Summaries of the recent cases of Cunningham Charter Corporation v. Learjet, Inc. and In re: Burlington Northern Santa Fe Railway Co.
Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Central District of Illinois finds federal question jurisdiction over interstate based freight charge complaint By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2010 The U.S. District Court for the Central District of Illinois decided the case of Old Dominion Freight Lines, Inc. v. Old Colony Baking Company, Inc. earlier this year.
EEOC beats back challenge to its jurisdiction to issue administrative subpoenas By Paul E. Freehling Labor and Employment Law, April 2010 An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Circuit court had no jurisdiction to consider untimely filings By Robert T. Park Civil Practice and Procedure, December 2009 In Keener v. City of Herrin2009 WL 3212336 (Oct. 8, 2009), the city police arrested Chelsea Keener, an 18-year-old girl, for underage intoxication.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendants By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2009 A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
Retention of jurisdiction to enforce a settlement agreement By Champ W. Davis Jr. and Christine Polk Mohr Alternative Dispute Resolution, December 2008 Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement.
Twenty years since Asahi: Reviewing the still-uncertain “stream of commerce” theory By Seth L. Ellis Civil Practice and Procedure, May 2008 In 1980, the Supreme Court of the United States recognized the “stream of commerce” theory for obtaining personal jurisdiction over an out-of-state corporation.
Plaintiff’s motion for remand after defendant’s diversity jurisdiction removal By Glenn R. Gaffney Federal Civil Practice, December 2007 For those trying to avoid Federal jurisdiction, the law is on your side.
What’s an attorney to do? Ensuring federal jurisdiction over settlement agreements in light of recent Seventh Circuit Cases By Morton Denlow Federal Civil Practice, June 2007 This article identifies the issues raised by the Seventh Circuit’s recent decisions, describes their apparent conflict with Kokkonen and other Seventh Circuit cases, and tries to answer the question, “What’s an attorney to do?”
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow Civil Practice and Procedure, March 2007 In the recent decision of KSAC Corporation v. Recycle Free, Inc., the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
US Supreme Court defines the “probate exception” to limits on federal jurisdiction By Philip E. Koenig Trusts and Estates, May 2006 It is not very often that probate law, a Hollywood figure and the United States Supreme Court converge upon one another.
The Multiparty, Multiforum Trial Jurisdiction Act of 2002 By James E. Pfander Civil Practice and Procedure, February 2003 On November 2, 2002, President Bush signed into law the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Appeal strikes out: Veazey v. Doherty By J.A. Sebastian Administrative Law, April 2002 Whether construed as a jurisdictional defect, or viewed as nonjurisdictional, dismissal of an action to review a final decision of an administrative agency may result unless the complaint for review complies with the procedural requirements of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 3-113).