Illinois Bar Journal


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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.