Publications

Articles on Jurisdiction

Restoring Lost Jurisdiction: The Revestment Doctrine

By Kimberly Glasford
September
2015
Article
Page 42
The revestment doctrine allows parties to revest a circuit court with jurisdiction lost with the passage of time. Learn how you can use it to your strategic advantage.

Subject matter jurisdiction: The state constitution trumps the UCCJEA

By Matthew Hector
May
2015
LawPulse
Page 10
In McCormick, the Illinois Supreme Court rules in an interstate custody dispute that subject matter jurisdiction comes from the constitution, not from a statute.

No personal jurisdiction when service of process is made by an unlicensed agency

February
2015
Illinois Law Update
Page 18
On November 17, 2014, the Second District Appellate Court held that service of process by an unlicensed private detective agency was defective, even though the individual employees who served the summonses were licensed private detectives.

Substitute Service of Process - Like Father, Like Son?

June
2014
Column
Page 262
Is service of process valid if it's on the defendant's father, in the defendant's driveway?

No jurisdictional defect when notice of appeal is e-filed, even though local rule required paper filing

September
2013
Illinois Law Update
Page 452
On June 20, 2013, the Illinois Supreme Court held, first, that electronically filing ("e-filing") a postjudgment motion when circuit court rules required a paper copy did not fail to toll the time for filing a notice of appeal; and, second, that e-filing a notice of appeal when circuit court rules required a paper copy did not deprive the appellate court of jurisdiction.

Service by publication on adjudicated disabled person violates due process

June
2013
Illinois Law Update
Page 284
On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.

Appellate court retains jurisdiction despite motion to dismiss for forum non conveniens

March
2012
Illinois Law Update
Page 132
Difficulty in transporting documents, witnesses residing in Mississippi, and the fact that the alleged wrongful acts occurred in Mississippi were not enough to demonstrate an inconvenient forum under the doctrine of interstate forum non conveniens, according to the Illinois Appellate Court, Fifth District.

Claim against public utility deemed to fall within jurisdiction of circuit court

December
2011
Illinois Law Update
Page 610
A circuit court may exercise jurisdiction over a class action against a gas utility alleging that the utility violated state law by attempting to collect debts discharged in bankruptcy, according to the Appellate Court for the First District of Illinois.

Non-U.S. Corporations: Do You Know One When You See It?

By Stephen Proctor
December
2011
Column
Page 638
Corporations are often treated differently than other businesses for jurisdictional purposes.

Court exercises jurisdiction over Canadian automobile assembler

September
2011
Illinois Law Update
Page 440
An Illinois court affirmed a decision denying Chrysler Canada, Inc.'s motion to dismiss for lack of personal jurisdiction because Chrysler had sufficient minimum contacts.

Court finds subject matter jurisdiction in legal malpractice suit arising out of patent infringement claim

September
2011
Illinois Law Update
Page 440
An Illinois Appellate Court found that a prior court's resolution of an issue arising under federal patent law was sufficient to allow a state court to claim subject matter jurisdiction where there were no other remaining issues arising under federal patent law.

Service by publication insufficient for eminent domain proceeding

August
2011
Illinois Law Update
Page 388
Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.

Personal service on father insufficient for jurisdiction to modify foreign child support order

February
2011
Illinois Law Update
Page 72
On November 16, 2010, the Appellate Court of Illinois, First District, held that personal service on a parent is not sufficient to establish jurisdiction under the Uniform Interstate Family Support Act for modification of a foreign child support order.

Goodbye to the “Conspiracy” Theory of Personal Jurisdiction?

By Stephen A. Wood and James M. Reiland
January
2011
Article
Page 28
Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?

Personal jurisdiction found over out-of-state corporation in retaliatory discharge case

January
2011
Illinois Law Update
Page 16
On November 5, 2010, the Appellate Court of Illinois, Fourth District, reversed and remanded a decision of the Circuit Court of Champaign County, finding personal jurisdiction over a California corporation in a retaliatory discharge case.

What’s the Deadline for Removal to Federal Court in Multiple-Defendant Cases?

By Kurt D. Hadley
October
2010
Article
Page 534
Assume a state-court case with multiple defendants who are served at different times - how do you calculate the deadline for removing it to federal court? Here's a look.

Web Auction Sales and Long-Arm Jurisdiction

By Professor Jeffrey A. Parness
September
2010
Column
Page 486
A court rules that an Illinois eBay buyer could not hale a California seller into court in Illinois.

Listing an item on eBay does not confer personal jurisdiction upon Illinois courts

August
2010
Illinois Law Update
Page 400
The Appellate Court of Illinois, Second District, in June upheld a motion to dismiss from the Circuit Court of Du Page County, finding that "a seller of an item on eBay, without further ties to a forum, is not subject to specific jurisdiction in that forum."

Human Rights Act doesn’t bar state, federal claims in circuit court

By Helen W. Gunnarsson
April
2009
LawPulse
Page 168
Someone who can bring a claim under the Illinois Human Rights Act can nonetheless sue based on federal or common law in state circuit court, the supreme court rules.

Residents Suing Nonresidents for Harm in Illinois

By Professor Jeffrey A. Parness
June
2008
Column
Page 318
Two recent appellate cases limit the power to sue nonresidents.

Denial of forum non conveniens constitutes error

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County denying the defendant's motion to dismiss based upon interstate forum non conveniens.

No in personam jurisdiction over Indiana clinic

March
2008
Illinois Law Update
Page 124
On December 28, 2007, the Illinois Appellate Court, First District, reversed the holding of the Circuit Court of Cook County denying the defendant's motion to dismiss for lack of in personam jurisdiction.

The Lawyer’s Journal

By Bonnie C. McGrath
April
2001
Column
Page 166
Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.

The Case for Making Pre-Impact Fear Compensable in Survival Actions

By Jeffrey J. Kroll
August
2000
Article
Page 462
The author argues that Illinois should follow other states and make pre-impact fear compensable.

Suing Out-of-State Defendants in Illinois: Minimum Contacts after TCA, Ruprecht and Chalek

By Edward S. Margolis
August
2000
Article
Page 458
An analysis of recent cases that may affect the right to enforce business contracts in Illinois.

Correspondence from Our Readers

July
2000
Column
Page 370
Escape Alden restrictions by crossing the border?  

The failure to name the state of Illinois as a respondent was sufficient to justify a dismissal of a petition for review of an administrative decision

May
2000
Illinois Law Update
Page 252
On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's dismissal of Watts' petition because the court lacked jurisdiction to hear the matter since Watts failed to name the state of Illinois as a respondent in the case.

States as Defendants in Employment Litigation: Beyond Alden v Maine

By James P. Hanlon and James J. Powers
May
2000
Article
Page 280
The authors discuss how Alden—which holds that Congress can't subject states to private suits for money damages in state court—may affect future employment ligitation.

Bringing an ERISA Claim: A Step-by-Step Guide

By Mark D. DeBofsky
January
2000
Article
Page 20
A practice-oriented review of one of the most important, but least understood, federal laws.

The Lawyer’s Journal

By Bonnie McGrath
October
1999
Column
Page 514
Insurance policies and the discovery rule; read the fine print.

Pages

Select a Different Subject