In the latest ISBA General Practice, Solo & Small Firm newsletter, Jewel Kline has a good summary of the dangers posed by the Illinois Supreme Court's 2008 decision in Hudson v. City of Chicago.
"One would think that if [an] attorney who takes [a] voluntary dismissal puts the words 'without prejudice' in the dismissal order, the plaintiff’s claim would be safe [if filed again within the deadline]," she writes. "Not any more. The words 'without prejudice' in a voluntary dismissal order will not automatically prevent a re-filed case from being dismissed based on res judicata."
How did we come to this point, and how can you avoid this trap? Read her article and find out.
Practice News
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June 15, 2010 |
Practice News
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June 15, 2010 |
Practice News
Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Seventh Judicial Circuit. The vacancy was created by the appointment of Justice Thomas R. Appleton to the Fourth District Appellate Court on June 4, 2010. Justice Appleton has been an at-large Circuit Judge in Springfield since 1992. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process. Notices of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.state.il.us/court and follow the instructions on the “Latest News” scroller announcing the Seventh Judicial Circuit vacancy. Applications must be submitted via mail to:
- Supreme Court of Illinois
- 3607 North Vermilion, Suite 1
- Danville, Illinois 61832
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June 10, 2010 |
Practice News
Illinois Supreme Court Justice Lloyd A. Karmeier announced Thursday that an application process has begun for a Circuit Court vacancy in the 20th Judicial Circuit. The at-large Circuit vacancy is being created by the announced resignation of Circuit Judge Michael O’Malley, effective Aug. 1, 2010. Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies. Justice Karmeier uses an application, evaluation and interview process to make recommendations to the Court for vacancies in the Fifth Judicial District. Notice of the vacancy will be posted in courthouses throughout the 20th Judicial Circuit. Applicants must submit a cover letter with the Requested Information of an Applicant Form to:
- Justice Lloyd A. Karmeier
- Supreme Court of Illinois
- P.O. Box 266
- Nashville, IL 62263
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June 10, 2010 |
Practice News
Earlier this year in Hertz Corporation v. Friend, the United States Supreme Court ruled that for diversity-jurisdiction purposes a “principal place of business” is “the place where the corporation’s high level officers direct, control, and coordinate the corporation’s activities” -- in other words, the corporate "nerve center." So note Chicago lawyers Laura L. Milnichuk and William J. Perry in the new issue of Trial Briefs, newsletter of the ISBA Civil Practice and Procedure Section. Read their summary and analysis.
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June 10, 2010 |
Practice News
By Peter LaSorsa I constantly get mail, unsolicited calls and emails from software vendors who want to sell law office software designed to track all sorts of things. I utilize Timeslips as my billing, conflict and client information repository software and as a Solo, it does quite well. However, for tracking different types of cases, along with how profitable each type of case is, I utilize a simple software program that most attorneys already have — Microsoft Excel. Excel is an excellent and powerful tool. One great feature is the ability to sort by any field and total the columns. My practice is employment law on the Plaintiffs side. I do occasional personal injury cases, as well, and it’s interesting to track which types of cases are the most valuable. I set up about nine fields, client name, county, type of case, date filed, date settled, opposing attorney, how I got the client (advertising), amount case settled for and my fee. Once I start sorting I can find out which advertising gives the most bang for the buck. I can also see trends with other firms I am on the opposite side with. If you are not familiar with Excel, you can take a tutorial, or the ISBA Committee on Legal Technology has a yearly boot camp in which Excel is covered, check the ISBA website under CLE. I also use an Excel spreadsheet to track the status of cases, and have a spreadsheet for accounts payable. Sometimes small programs work best and I believe Excel is a program more attorneys should take a look at. The best thing about Excel? You probably already own it.
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June 9, 2010 |
Practice News
In the latest ISBA Health Care Law section newsletter, Brian and Nancy McKenna analyze the Illinois Supreme Court's recent and newsmaking decision in Provena Covenant Medical Center v. The Department of Revenue. There, the court ruled that Provena was not entitled to the property tax exemption available to "charitable institutions." The McKennas write, "While the Illinois Supreme Court enunciated five distinctive characteristics of a 'charitable institution,' the application of these five characteristics to an Illinois private, nonprofit hospital boils down to a single question: Did the hospital demonstrate through its charitable expenditures that it provided charity care to all in need who apply for it?" Read the rest of their take on the case and its significance. Interesting footnote: Nancy is former vice president and deputy general counsel for Provena.
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June 9, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. We have recently lost a key partner, several key institutional clients, and we don't know why. We are considering doing a client satisfaction survey to insure that we are not falling asleep at the wheel and providing the best service possible. We also want to make sure we understand current client needs and whether our services are still adequate. What are your thoughts? A. For institutional clients we would recommend telephone interviews, face-to-face interviews, or a combination of both. Typically, when we work with a client we establish the initial research objectives of the project and then the best way to achieve them. For example, do you just want obtain feedback from your top 10, 25, or 50 institutional/business clients or your entire client base? In the case of a study population of your top 10, 25, or 50 clients we usually recommend a telephone interview technique. We shoot for a 90%+ response/participation rate. We develop the questionnaire with the client and then conduct the interviews and compile a report consisting of both statistical metrics (grades if you will) and client commentary/narrative. Often it is the narrative commentary that provides the most actionable information. Recently, when conducting interviews of an insurance defense law firm's insurance company clients, a client advised us that they had stopped sending new files/cases to the firm because of poor communication and status reporting. Based upon our interviews, the firm was able to resolve the internal issues and repair the relationship with the client.
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June 8, 2010 |
Practice News
In the latest issue of The Corporate Lawyer (newsletter of the ISBA's Corporate Law Section), Chicago attorneys Elliott C. Bankendorf and Melaina D. Jobs describe important new HIPAA burdens imposed on lawyers by the federal stimulus bill. "Attorneys will need to carefully review the internal practices and policies of not only their clients but also their own law firms to make sure they meet the applicable HIPAA standards or face potential penalties." News to you? Find out more.
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June 7, 2010 |
Practice News
Justice Thomas L. Kilbride of the Illinois Supreme Court announced Monday an innovative mediation program to help ease the financial and emotional burden of homeowners, lenders and taxpayers caused by residential mortgage foreclosures. Justice Kilbride, appearing with Chief Judge Gerald R. Kinney of the Circuit Court of Will County, said the foreclosure mediation program also is aimed at keeping families in homes to prevent vacant and abandoned houses that drive down property values and destabilize neighborhoods. The Illinois Supreme Court approved the program which will operate with no additional expense to taxpayers and be sustained by an increase in filing fees paid by lenders and other plaintiffs seeking to foreclose. “This is an important step forward for those in Will County suffering the effects of our nation’s economic crisis,” said Justice Kilbride. “The Supreme Court has a keen interest in programs with the strong promise of achieving timely and lasting resolution to tough problems. “We are grateful to Chief Judge Kinney and those in the community who helped formulate the details from concept to a working model. We are hopeful it will help families cope with some of the emotional and financial burdens brought on by the current economic difficulties, and help give them a new start on their way to better times.” Chief Judge Kinney first brought the proposal to Justice Kilbride, and worked with the Administrative Office of the Illinois Courts, the administrative arm of the Supreme Court, to refine and finalize details. He also has discussed the plan with lawyers for lenders and debtors in the community. He expects the program to be up and running within a month. “Obviously, this is an attempt to begin to solve a serious societal problem,” Chief Judge Kinney said. “Foreclosures are tearing up our neighborhoods and our communities. This is an effort to lend some stability to what could be a financially and emotionally chaotic process. It’s a way for the courts to help address some of these community problems.” Judge Kinney believes that Will County has a rate of foreclosure as high as any other area in the state. From June 2008 to June 2009, there were 5,541 foreclosures filed in Will County, and that number is increasing. Judge Kinney estimates that between 2,700 and 3,000 cases would be screened annually for mediation.
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June 4, 2010 |
Practice News
CIVIL
ABN Amro Mortgage Group v. McGahan
By Tim Eaton, Shefsky & Froelich Ltd. With the increasing number of foreclosure actions on residential homes, the high court addressed a question that has been to date answered by the lower courts inconsistently -- that is whether a lender must name a personal representative for a deceased borrower in a mortgage foreclosure proceeding. The trial court found that a foreclosure proceeding was a quasi-in-rem proceeding requiring the mortgagee (borrower) to be a party, or if the borrower is deceased, a personal representative must be named in the action. The lender argued the proceeding was against the property only (in-rem), so no borrower was necessary. The appellate court agreed with the lender. The Supreme Court acknowledged that Illinois courts have ruled inconsistently in how these proceedings have been classified. But it resolved the issue in favor of the borrower since it found the object of the foreclosure is to enforce an obligation created by a contract between the lender and borrower, and therefore the borrower, or personal representative, becomes a necessary party. According to the parties’ briefs below, the resolution of this question will govern “literally thousands of current and future cases.” What is noteworthy about this appeal, is that there was no party bringing the appeal to the Supreme Court. The PLA was filed by an amicus, CVLS, a legal services group that represents indigent borrowers in foreclosure proceedings. Nevertheless, the high court allowed the petition and made no mention of the standing of the amicus in the opinion even though the issue had been raised earlier in prior motion practice.