Our panel of leading appellate attorneys review today's Supreme Court opinions in JP Morgan Chase Bank v. Earth Foods, Ready v. United/Goedecke Services, Wright Development Group v. Walsh, In re Estate of Wilson, People v. Close, People v. Johnson and People v. Thompson.
Practice News
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October 21, 2010 |
Practice News
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October 21, 2010 |
Practice News
By Peter LaSorsa You are involved in a lawsuit and have your secretary search the Internet for incriminating postings or pictures of the other party. Your secretary searches Facebook and Myspace, does a Google of the persons name and comes up with no information or limited information. It doesn’t seem like your opponent has anything on the Internet that will hurt the case. Or perhaps your opponent is an anonymous posting and you are trying to find out who this person is. Have you exhausted your options and is there anything else you can do?
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October 20, 2010 |
Practice News
Illinois Judges Association President Judge Lewis Nixon today reiterated the importance of maintaining a judiciary free of political influence. “The Illinois Judges’ Association encourages voters to educate themselves about the candidates in contested judicial elections and the judges standing for retention,” said Judge Nixon, of Chicago. “Every election cycle there are unfair attacks on judges which threaten the constitutional principle of judicial independence. As Former U.S. Supreme Court Justice Sandra Day O’Connor has said, ‘Judicial independence does not just happen all by itself. It is tremendously hard to create, and easier than most people imagine to destroy.’” “Voters should be mindful of the credibility of the sources of information on the qualities and competencies of individual judges on the ballot. In recent years, judicial elections in Illinois and throughout the nation have become more politicized, a development widely criticized by those who worry about the preservation of an unbiased and balanced administration of justice. Forgotten is that Illinois instituted retention election of judges to take politics out of the judicial process once a judge has been elected to the bench. As he did in his remarks on assuming the leadership of the organization, Judge Nixon said, “So important was judicial independence that it was one of the grievances listed by the drafters of the Declaration of Independence in their complaint against the British Crown. The judicial branch of government was designed to operate as a forum unfettered by any considerations other than an evenhanded determination of the facts and a steadfast adherence to the law. Judges simply do not make decisions based on personal preferences.
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October 20, 2010 |
Practice News
Chief Judge Stephen J. Culliton has announced that applications for the Office of Associate Judge of the 18th Judicial Circuit Court of Illinois, DuPage County, have been received from those on the attached list. The vacancy is the result of the retirement of Associate Judge Joseph S. Bongiorno. Chief Judge Culliton invites public comment by letter before Nov. 4, 2010 to:
- Chief Judge Stephen J. Cullition
- 18th Judicial Circuit Court
- 505 N. County Farm Road, Room 2015
- Wheaton, IL 60187
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October 20, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. Our firm is a 25 attorney IP law firm located in Washington D.C. Metro area. We are planning our year-end firm retreat to plan for next year. This will be our third retreat. While we believe we have achieved some positive results from the last three retreats - we believe that we need to accomplish much more. What are your ideas or thoughts on the matter? A. We find that many law firms try to use their retreats to be an extended version of their regular partnership meetings. They simply try to do too much. The agendas are loaded down with far too many topics. As a result there is a lot of debate and discussion on often day-to-day operational items and no focus on the more complex-strategic issues that often have been ignored or pushed under the rug. This year try to do less and achieve more!
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October 19, 2010 |
Practice News
In the latest issue of ISBA's Trial Briefs, Cook County Judge Dan Gillespie highlights a recent appellate court holding that a litigant need not disclose that he or she intends to cross-examine the other party’s expert witness with a journal article. As Judge Gillespie notes, that's a pretty big departure from the long-held assumption that "if a party can reasonably foresee that he or she will be using or relying on a particular treatise to cross-examine an expert on the other side, that party should notify the other party in advance." Then again, the majority was relying on a 2002 amendment to Rule 213(g) that does seem clear enough on its face: "Without making disclosure under this rule, however, a cross-examining party can elicit information, including opinions, from the witness." ISBA trivia: The case, Stapleton v. Moore, inspired a lengthy dissent by Justice (and former ISBA President) Terry Lavin. Lavin's article on the evolution -- or as he terms it, the devolution -- of the Miranda doctrine will appear in a forthcoming issue of the Illinois Bar Journal.
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October 19, 2010 |
Practice News
The Illinois Supreme Court has appointed Mary S. Trew, Erica L. Reddick and James L. Kaplan to the office of Cook County Circuit Judge. Trew is replacing the retiring Hon. James R. Epstein. Reddick is replacing the Hon. Dorothy Kirie Kinnaird, who is retiring on Dec. 5, 2010. Kaplan is taking the position of the Hon. Melvin J. Cole, who is also retiring on Dec. 5. All three appointments are effecting through Dec. 3, 2012.
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October 18, 2010 |
Practice News
The Illinois Supreme Court has recalled the following retired judges: Effective December 1, 2010, to hold court in the Circuit Court of Cook County through November 30, 2011:
- Hon. Curtis Heaston
- Hon. Charles R. Winkler
- Hon. John B. Grogan
- Hon. Roger G. Fein
- Hon. William J. Haddad
- Hon. Sidney A. Jones III
- Hon. Henry M. Singer
- Hon. Rhoda D. Sweeney
- Hon. Sheldon A. Harris
- Hon. Michael Ian Bender
- Hon. Nicholas Geanopoulos
- Hon. Pamela M. Leeming
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October 14, 2010 |
Practice News
The Legal Assistance Foundation of Metropolitan Chicago (LAF) has an opening for a Public Benefits Enrollment Paralegal. This person will work in a new community-based project serving individuals and families who live in Cook County and who may be eligible for one or more of the public benefit "safety net" programs. The start date is Nov. 1, 2010 Applicants must have a college degree, excellent oral and written skills and a commitment to social ustice. The paralegal must be willing to engage in substantial local travel within Cook County. Send cover letter, resume and two references by Oct. 22, 2010, via email to resume@lafchicago.org.
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October 14, 2010 |
Practice News
The John Marshall Law School is seeking candidates for the newly-established Edward T. and Noble W. Lee Chair in Constitutional Law – the school’s first academic Chair position. The school will appoint a qualified Constitutional Law expert to this position, beginning in August, 2011. The deadline for applications is November 1, 2010. This Chair honors Edward T. Lee and his son, Noble W. Lee, both former Deans of The John Marshall Law School , for their shared interest in Constitutional Law, and their contributions to both the law school and legal education nationwide. Through scholarly research and published articles on relevant state and federal constitutional issues, the Chair appointee will further their legacy.