Section Newsletter Articles From Michele M. Jochner

New study finds seasonal increases in divorce By Michele M. Jochner Family Law, October 2016 A recent study conducted by sociologists at the University of Washington has revealed a fall seasonal occurrence: an increase in filings for divorce.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Animal Law, May 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
In a divorce, Illinois courts have no authority to order pet “visitation” By Michele M. Jochner Family Law, March 2016 In the first case of its kind in Illinois, the First District Appellate Court has ruled that courts have no authority to enter an order requiring that a soon-to-be ex-spouse have “visitation” rights with pets.
Disgorgement of fees ordered in In re Marriage of Squire By Michele M. Jochner Family Law, February 2016 In In re Marriage of Squire, the Appellate Court affirmed a disgorgement order requiring the wife’s attorneys to pay $60,000 to the husband’s attorneys, even though the wife had borrowed funds from her mother to pay her own fees, and the husband was gainfully employed.
Recent studies confirm much still needs to be done for women to gain parity in the profession By Michele M. Jochner Women and the Law, February 2016 Although the distribution of men and women in our profession is at roughly a 2 to 1 ratio, men are three times more likely than women to appear in lead roles in civil cases—especially in those matters which are financially lucrative and high-profile.
Advance preparation helps minimize future risks to business owners in a divorce By Michele M. Jochner Family Law, November 2015 If a spouse acquires a business interest during the marriage, that interest will likely be characterized as a marital asset subject to equitable distribution at the time of the dissolution. If proper planning has not occurred, this turn of events can have a disastrous impact on all of the shareholders or partners, not limited only to the person getting a divorce.
Lessons from One Size Never Fits All: Business Development Strategies Tailored for Women (and Most Men) By Michele M. Jochner Women and the Law, October 2015 Dr. Arin Reeves’ most recent book illustrates that although we have certainly made numerous advances in the legal profession, much still needs to be accomplished to achieve full inclusion and equality for women who practice law.
“Enforcement” of a party’s obligation to pay secondary education expenses is not subject to Petersen’s limitation on retroactive reimbursement By Michele M. Jochner Family Law, July 2015 The Illinois Appellate Court has recently issued an important decision which clarifies the rule established in In re Marriage of Petersen.
The importance of standard of review in deciding to appeal By Michele M. Jochner Bench and Bar, May 2015 Because the standard of review determines the level of deference the reviewing court will afford to the judgment of the lower court, understanding what standard applies is critical, because it can impact not only your decision as to whether to pursue an appeal in the first instance, but also the selection of the issues you will raise in the appeal.
The Illinois Supreme Court bars a non-parent from raising the “equitable adoption” and “functional parent” theories to seek custody of a child By Michele M. Jochner Family Law, April 2015 The Illinois Supreme Court has delivered its long-awaited answer to a question which has been debated in the family law community for some time: Does the doctrine of “equitable adoption”—first recognized by our Supreme Court in its 2013 decision in DeHart v. DeHart—also apply in the context of child custody actions?
Utah takes center stage in the marriage equality debate By Michele M. Jochner Family Law, January 2014 The ruling in Kitchen v. Herbert was the first decision to strike down a state marriage ban after the United States Supreme Court issued its opinion on same-sex marriage this past summer in United States v. Windsor.
Disposition of frozen embryos is governed by contract By Michele M. Jochner Bench and Bar, November 2013 The case of Szafranski v. Dunston has drawn nationwide attention as it not only addresses emerging, cutting-edge legal issues with respect to the use of reproductive technology, but it also has engendered emotionally-charged debate regarding fundamental questions concerning the creation of families and whether a person can change his or her mind about being a potential parent.
Law Day 2012 – “No Courts, No Justice, No Freedom” By MIchele M. Jochner Bench and Bar, May 2012 The American Bar Association (ABA) chose this year's Law Day theme as a result of the disturbing findings contained in a 2011 report prepared by the group’s Task Force on the Preservation of the Justice System, which highlights the serious consequences of cutbacks in court funding and causing many state courts to decrease staff, increase fees and/or curtail operations. 
Do not discount the importance of the Fourteenth Amendment By Michele M. Jochner Bench and Bar, January 2012 Proposed in 1866 and ratified in 1868, the Fourteenth Amendment has had the most profound and enduring impact on our legal landscape. Its provisions voided the United States Supreme Court’s much-criticized decision in Dred Scott, and served as the foundation for the later civil rights movement—including the overturning of the “separate but equal doctrine” in Brown v. Board of Education.
Three women on the Court By Michele M. Jochner Women and the Law, April 2011 For the first time in history, three women serve on both the U.S. Supreme Court and the Illinois Supreme Court.
Douglas holds the record on the United States Supreme Court By Michele M. Jochner Bench and Bar, March 2011 Appointed in 1939 to the U.S. Supreme Court, William O. Douglas served on the bench for more than 36 years and endured two impeachment proceedings.
Three women on the Court By Michele M. Jochner Bench and Bar, November 2010 For the first time in history, three women serve on both the U.S. Supreme Court and the Illinois Supreme Court.
Lincoln’s life lessons By Michele M. Jochner Bench and Bar, April 2009 The celebration of the 200th anniversary of the birth of Abraham Lincoln allows us to rediscover the eloquent words and timeless wisdom of our country’s most admired president.
Lincoln … A license to practice and a legacy to remember By Michele M. Jochner General Practice, Solo, and Small Firm, March 2009 As we celebrate the bicentennial of the birth of Abraham Lincoln, we are reminded of his course-altering actions as President of a Civil War-ravaged nation.
Lincoln … A license to practice and a legacy to remember By Michele M. Jochner Bench and Bar, October 2008 With the February 2009 bicentennial of Abraham Lincoln’s birth rapidly approaching, many celebrations will commemorate his remarkable life and his course-altering actions as President of a Civil War-ravaged nation.
The Illinois Supreme Court defines the phrase “arising out of patient care” and clarifies the tolling provisions found in the Medical Malpractice Statute of Repose in Section 13-212 of the Code of Civil Procedure By Michele M. Jochner Bench and Bar, May 2008 In Brucker v. Mercola and Orlak v. Loyola University Health System, the Illinois Supreme Court decided two companion cases filed on the same day which provide guidance with respect to the application of the medical malpractice statute of repose found in section 13-212 of the Code of Civil Procedure (735 ILCS 5/13-212).
The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner General Practice, Solo, and Small Firm, April 2008 The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. 
The Illinois Supreme Court sheds light on the “gray areas” of the relation-back doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner Bench and Bar, March 2008 The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. Chief Justice Robert Thomas, writing for a unanimous Illinois Supreme Court, answered these questions in the affirmative.
The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner Civil Practice and Procedure, March 2008 The question presented in Porter v. Decatur Memorial Hospital, 2008 Ill. LEXIS 10, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. 
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner Civil Practice and Procedure, January 2008 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules. Outlined below are highlights of some of the most significant amendments.
Mark your calendars for the most electrifying series of programs this bar year! By Michele M. Jochner Women and the Law, November 2007 The Women’s Bar Association of Illinois (WBAI), in conjunction with both the ISBA Standing Committee on Women and the Law and the Standing Committee on Minority and Women Participation, is very pleased to announce the development of a series of exciting and informative programs designed to spotlight various leadership issues which provide the strong foundation for a thriving, fulfilling and successful legal career.
Recent amendments to the Illinois Supreme Court Rules By Michele M. Jochner General Practice, Solo, and Small Firm, November 2007 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules. Outlined below are highlights of some of the most significant amendments.
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner Bench and Bar, August 2007 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules.
Excellence and strength through diversity: The positive impact on the future of our profession By Michele M. Jochner Diversity Leadership Council, June 2007 Increasing diversity within the legal profession not only contributes significantly to the quality of the profession, but also serves to enhance the public’s confidence in, and respect for, the legal system. As members of the legal profession, it is our duty and obligation to assume the lead in assuring that there is gender, racial, ethnic and sexual orientation diversity within our ranks.
Excellence and strength through diversity: The positive impact on the future of our profession By Michele M. Jochner Women and the Law, June 2007 The legal profession has been a dynamic force in shaping the history of our nation. It is no surprise, therefore, that lawyers have a special place in our society as the protectors of the underprivileged and disenfranchised.

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