Illinois Supreme Court Adopts Rules for Debt Collection Civil Suits, Identity Theft Recourse

Posted on August 7, 2018 by Rhys Saunders

The Illinois Supreme Court recently adopted new rules that establish a more stringent process for debt collection companies to file civil cases, allow the court to more easily dismiss cases filed by those companies, and establish a process for purported victims of identity theft to contest liability. 

Illinois Supreme Court Rules 280-280.5 go into effect Oct. 1.

Rules 280 and 280.1 define applicability and definitions of legal terms for civil action. Rule 280.2 establishes a uniform affidavit that courts will accept to identify basic information in civil complaints filed by debt collection companies.

Google Street View and Opinions

Posted on August 7, 2018 by Rhys Saunders

Attorneys defending a village against a sidewalk slip-and-fall case are caught off guard when the plaintiff produces images from Google Map’s Street View allegedly showing the sidewalk had been in poor condition for years prior to the plaintiff’s fall. If the court accepts the images, the plaintiff has a much stronger case that the village had constructive notice and plenty of time to make the repairs before the plaintiff fell. But do the images actually prove anything at all?

CLE: Family Law Update 2018

Posted on August 7, 2018 by Rhys Saunders

Join us Sept. 14 in Chicago for an in-depth look at a number of key changes to the family law arena, including the litigation updates that may impact your next client.

Family law practitioners, child law attorneys, and civil practice lawyers with all levels of practice experience who attend this seminar will better understand: how to apply the Illinois Rules of Evidence and the Illinois Code of Civil Procedure to your family law litigation case; the judicial perspective on proper pleadings; how to apply equitable remedies to a family law case; the impact of normalizing income as part of the valuation process when determining fair market value; how to calculate appropriate maintenance (and how the new maintenance statute may impact that calculation); and the importance of providing the necessary evidence in a child support hearing.

Quick Take on Illinois Supreme Court Opinion Issued Thursday, August 2

Posted on August 2, 2018 by Rhys Saunders

The Illinois Supreme Court handed down one opinion on Thursday, August 2. The court reversed a summary judgment in favor of the City of Danville in a case in which a plaintiff sued the municipality after tripping and falling on an uneven seam in a sidewalk.

Monson v. City of Danville

By Joanne R. Driscoll, Forde Law Offices LLP

On a subject frequently visited by the Illinois Supreme Court, tort immunity, the Court was called upon to refine the contours of sections 2-109 ad 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-109, 2-201 (West 2012)) and to determine whether section 3-102(a) of the Act (id. § 3-102(a)) supersedes those provisions. The majority opinion and the concurrence provide an interesting read on statutory interpretation.

Illinois Supreme Court Commission on Access to Justice Forms Committee Seeks New Members

Posted on August 2, 2018 by Rhys Saunders

The Forms Committee of the Illinois Supreme Court Commission on Access to Justice is seeking new committee members.  

The Forms Committee itself does not draft forms. It has overall responsibility for deciding what forms should be developed and creating subcommittees to develop them, reviewing forms to ensure that they comply with the mandate of the Supreme Court, and giving final approval for the forms to be published for use.

Best Practice Tips: Law Firm Merger or Of Counsel Arrangement with Larger Firms

Posted on August 1, 2018 by Rhys Saunders

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a solo practitioner in upstate New York and I hope to retire in three years and move to Florida. I have been talking with a larger firm with 20 attorneys in Albany that has an interest in me either merging my practice with their firm or joining as Of Counsel. My plan would be to work three more years, gradually phase back, and transition clients and referral sources.

I have had several meetings with the partners in the firm and they are now asking me for detailed due diligence information – tax returns, financial statements, etc. I have no problem providing these documents, but I was wondering if I should be asking them for information. What do you think?