Quick takes on Thursday's Illinois Supreme Court opinions

Posted on April 18, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Russell v. SNFA and the criminal cases People v. Domagala, People v. Martinez, People v. Lloyd and People v. Colyar.

CIVIL

Russell v. SNFA

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

This helicopter-crash case provoked two important long-arm-jurisdiction issues: whether due process protection under the Illinois long-arm statute is greater than federal due process protectionsand whether to apply a narrow or broad version of the stream-of-commerce theory.

Defendant SNFA manufactured a custom tail-rotor bearing in France used in a helicopter manufactured by an Italian company. That manufacturer’s wholly-owned subsidiary located in Pennsylvania sells defendant-produced parts and sells helicopters incorporating defendant’s parts. SNFA knew that the manufacturer incorporated its products into its helicopters for sale in America but did not know the final destination.

SNFA does not have any direct United States customers for its custom-made helicopter parts. SNFA does not have any offices, property, assets or employees in Illinois.

Since 1997, SNFA has sold aerospace bearings to a company located in Rockford. Those bearings are a different model and type from those involved in this case. 

A helicopter containing an SNFA part crashed in Illinois.

E-Clips and section newsletters now mobile friendly

Posted on April 18, 2013 by Chris Bonjean

The copy of these publications delivered right to your inbox are now much more user-friendly on a handheld device.

You can also now access the most current issue of E-Clips at the tap of a button. Just go to http://www.isba.org/eclips/current and save an icon to your homescreen.

The entire ISBA website has also become mobile friendly - find out more at iln.isba.org/blog/2013/04/09/isba-website-goes-mobile

CLE: Civil Practice and Procedure Update – 2013

Posted on April 18, 2013 by Chris Bonjean

Update your civil practice knowledge with this top-rated, full-day seminar in Chicago on April 26 that addresses all phases of the trial—from setting the proper foundation and successfully prosecuting/defending a case, to developing a powerful and effective closing argument! Topics include: filing the lawsuit; pleadings; good faith settlement of claims; motions to dismiss; discovery; requests to admit; Supreme Court Rule 213; motions in limine; closing arguments; post-trial motions; and obtaining the circuit court review of administrative decisions. A discussion on temporary restraining orders and injunctive relief is also included. Practitioners with all levels of experience will benefit by attending this seminar.

The program is presented by the ISBA Civil Practice and Procedure Section and qualifies for 5.50 hours MCLE credit.

Click here for more information and to register.

 

Illinois Supreme Court: no appellate jurisdiction while foreclosure is pending

Posted on April 17, 2013 by Mark S. Mathewson

In EMC Mortgage Corporation v. Kemp, 2012 IL 113409, the Illinois Supreme Court held that the appellate court lacks jurisdiction to hear a challenge to an order issued while a mortgage foreclosure action is underway.

"In this climate where homeowners often raise technical issues that result in delays in foreclosure proceedings in order to remain in their residences rent-free as long as they can, appeals may be becoming more prevalent," writes Robert Hanley in the latest ISBA Bench and Bar newsletter. "This opinion [issued in February] provides an excellent refresher course on the appealability of interlocutory orders generally, and of orders in foreclosure cases particularly." Read his analysis.

Volunteers needed for Ask-A-Lawyer Day on April 27

Posted on April 17, 2013 by Chris Bonjean

 “Ask a Lawyer Day” will be held on Saturday, April 27, from 9 a.m.-2 p.m. We hope you will be able to volunteer again this year to contribute to the ongoing success of this event. We are seeking lawyer volunteers to answer phones at the Illinois Bar Center in Springfield from 9-11:30 a.m. and/or 11:30–2 p.m. Continental breakfast and lunch will be provided by the ISBA.

Please complete this form if you are able to volunteer your time and expertise again this year. You can fax the completed form to (217) 525-9063 attention Tracy Potter, or you may call Tracy at (800) 252-8908 or email your response to tpotter@isba.org.

Best Practice: How much non-billable time for managing partner?

Posted on April 17, 2013 by Chris Bonjean

Asked and Answered

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

Q. I am a partner in a 17 attorney firm in Madison, Wisconsin. We are a business law firm and we have 10 partners and seven associates. We are managed by a managing partner, one of my partners, and he also practices law. We pay him his standard client bill rate for his non-billable time spent on law firm management. For the last couple of years his non-billable hours spent managing the firm have been increasing to the point where he is now spending 50% of his total time - 1,000 hours a year - managing the firm. This has caused tension in the firm and my partners and I are concerned. I would appreciate your thoughts.

E-filing approved for 4th Distric Appellate cases from Logan County

Posted on April 17, 2013 by Chris Bonjean

Illinois Supreme Court Chief Justice Thomas L. Kilbride announced Wednesday the expansion of an e-project that allows attorneys, parties and appellate justices to view, access and work electronically from the official record of cases on appeal in the Fourth Judicial District.

The Supreme Court has authorized Logan County to allow the electronic transfer of the official court record of cases on appeal filed after July 1, 2013. Logan joins Adams and Moultrie counties in the Fourth Judicial District and 14 other counties that participate in the pilot project.

Since he became Chief Justice in 2010, Justice Kilbride has pledged to make the Illinois courts more user friendly by implementing improvements in technology. Since then, the Supreme Court has opened avenues for e-filing, creating a special E-Business Committee in June 2011; announcing in October 2012 statewide standards and new and amended Supreme Court rules that will allow all courts in Illinois to begin electronic filing in civil cases; and greatly expanding the pilot project that allows the e-filing of the trial record in the Appellate courts.

"Logan County becomes the 17th county in Illinois that will file the trial record on appeal electronically," Chief Justice Kilbride said. "We've come a ways since announcing the first two counties to participate in the pilot project back in 2011.

"We give a big thank you to all who have helped us and the courts make progress."

Sen. Durbin forms screening committee for open federal judgeships in Southern Illinois

Posted on April 16, 2013 by Chris Bonjean

U.S. Senator Dick Durbin has announced the formation of a bipartisan screening committee to assist in selecting Federal District Court Judges for the Southern District of Illinois. It has been announced that a judicial vacancy will open up in the Southern District in December, and the immediate task of the screening committee is to review applications and make recommendations to Durbin for filling current and future vacancies.