The typical settlement occurs at the end of a long day of mediation. The exhausted parties pen the basic terms in a memorandum of agreement. But unless the attorneys are careful to create an enforceable settlement agreement, a case that appears to be settled can unexpectedly spring back to life. Can a “settled” case come alive again? Sadly, yes. Failing to pound the last nail into a case’s coffin can leave enough of an opening to allow an apparently settled case to rise from the dead. Read Hon. Geraldine Soat Brown’s (ret.) and Lorence H. Slutzky’s article, “Zombie Settlements,” in May’s Illinois Bar Journal.

Asked and Answered  By John W. Olmstead, MBA, Ph.D, CMC Q. I am the sole owner of a six-attorney personal injury firm in San Francisco with five support staff. My father started the firm 25 years ago and has since retired from practice. I took over the practice five years ago. At the time I took over the practice, we had just my dad, myself, a couple legal assistants, and no technology. Since then I have done a lot to grow the practice, including adding attorneys and staff as well as implementing technology. My biggest problem is training new attorneys and staff. We have no written documentation as to how we do things, so training has to be done orally by myself or others every time a new attorney or staff member joins the firm. Can you offer any suggestions?

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers condos and associations, special interrogatory, the Home Repair and Remodeling Act, the Condominium Property Act, consumer debt and collections, DUI, and student interrogation. 

If it’s been a few years since a personal jurisdiction issue has come across your desk, you may want to take note of a recent decision by the first district involving General Electric Co. (GE). The case of Campbell v. Acme Insulations, Inc. powerfully illustrates how Illinois courts are continuing a clear legal trend in limiting the availability of general or “all-purpose” personal jurisdiction over nonresident defendants who are sued in Illinois courts. In Eric Muñoz’s April Illinois Bar Journal article, “GE May Bring Good Things to Life, but It Does Not Bring Personal Jurisdiction in Illinois, ” Muñoz, a partner at Scandaglia Ryan, shows, in light of Campbell, how non-Illinois-based companies, with significant and longstanding business and financial contacts in Illinois, like GE, may be unamenable to general jurisdiction in the state. Counsel on both sides of potential litigation would be well-served to appreciate the implications of this important legal trend in personal jurisdiction caselaw and to be prepared to aggressively incorporate these developments into their litigation and defense practices.