Publications

Section Newsletter Articles From Patrick M. Kinnally

Presumptions and powers of attorney By Patrick M. Kinnally Civil Practice and Procedure, July 2018 In Collins and Richard v. Noltensmeier, the appellate court upheld the the trial court's order granting summary judgment in favor of the plaintiffs, finding that the defendant was unable to demonstrate by clear and convincing evidence that she had authority to self-deal.
Champerty, contingent fees, and client advocacy By Patrick M. Kinnally Civil Practice and Procedure, May 2018 Prospect Funding Holdings, LLC, v. Keenan Saulter and Saulter Tarver, PC provides guidance for how to proceed if you are involved in addressing a client's need for a loan in connection with your representation.
Survival of claims—Renunciation of wills By Patrick M. Kinnally Trusts and Estates, February 2018 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Trails, tribulations, and tort immunity: Then and now By Patrick M. Kinnally Civil Practice and Procedure, February 2018 We have two opinions from the Illinois Supreme Court (Corbett v. County of Lake and Cohen v. Chicago Park District) which provide today’s perception of the judiciary’s interpretation of the Local Government Tort Immunity Act.
The Illinois “Long arm” jurisdiction statute just got a bit shorter By Patrick M. Kinnally Civil Practice and Procedure, January 2018 Litigating on one’s home court is always an advantage. But you have to do your homework to get that opportunity.
Interest on judgments and awards: Can your client collect? By Patrick M. Kinnally Civil Practice and Procedure, January 2018 When does a judgment other than for child support begin to draw interest? At what rate? If you obtain an award or report, is the rule different?
Who gets to make the call: U Visas, Immigration Judges and the Seventh Circuit Court of Appeals By Patrick M. Kinnally International and Immigration Law, December 2017 Once a U-nonimmigrant has obtained such status he/she may adjust to lawful permanent resident status provided certain conditions are met. Sound like good policy? It's not, according to the administrators.
“Chipping away at a promise”: Pretrial diversion agreements and immigration convictions By Patrick M. Kinnally International and Immigration Law, October 2017 If an INA conviction is part of the pretrial diversion agreement or a statement during the PDA hearing that amounts to the requirements for such a conviction your client may become removable or inadmissible. In so doing the remedial object of the PDA for the immigrant defendant would be lost.
Survival of claims—Renunciation of wills By Patrick M. Kinnally Civil Practice and Procedure, September 2017 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Pleading guilty and immigrant criminal defendants: A renewed call for a new law By Patrick M. Kinnally International and Immigration Law, August 2017 Author Pat Kinnally argues that Illinois' judicial admonition law is ineffective.
National Security Entry-Exit Registration System (NSEERS): Is the program over? By Patrick M. Kinnally International and Immigration Law, March 2017 There is little doubt that our federal government has the duty to protect us from those who would do us harm. Although we welcome that, what is the price to our democracy?
Pleadings under the Probate Code: A simple design By Patrick M. Kinnally Civil Practice and Procedure, February 2017 The Probate Act sets forth the pleading requirements for a claim against an estate. Unfortunately, the Act is silent on the pleading requirements for a counterclaim or an affirmative defense.
A crime involving moral turpitude: In search of a standard By Patrick M. Kinnally International and Immigration Law, November 2016 The phrase “crime involving moral turpitude,” since its inception in the Immigration and Nationality Act, has been criticized for its lack of definition and perplexing application to a variety of alleged deportable acts.
Memo By Patrick M. Kinnally and Cindy G. Buys International and Immigration Law, October 2016 The International and Immigration Law Section Council has approved and urges the Illinois State Bar Association to support an amendment to 725 ILSC 5/113-8 relating to guilty pleas to improve compliance with judicial notification of the immigration consequences of guilty pleas.
A useful resource: TRAC Immigration By Patrick M. Kinnally International and Immigration Law, October 2016 Anyone interested in immigration policy based on quantitative analysis should consider consulting TRAC Immigration (Transactional Records Access Clearinghouse).
Message from the Chair By Patrick M. Kinnally International and Immigration Law, September 2016 A message from 2016-17 Section Chair Pat Kinnally.
Removal proceedings: A right of cross-examination By Patrick M. Kinnally International and Immigration Law, September 2016 A recent opinion from our Seventh Circuit Court of Appeals, Karroumeh v. Lynch, is a fair example of why cross examination in immigration cases is a safeguard immigration courts need to not only implement, but require.
What does “shall” mean? By Patrick M. Kinnally Civil Practice and Procedure, September 2016 The use of the word “shall” in a statute, apparently, is not dispositive of legislative intent, it seems.
Witnesses, statements and depositions: A few new thoughts By Patrick M. Kinnally Civil Practice and Procedure, August 2016 Some tips to prepare yourself and your witnesses for statements and depositions.
Interstate depositions and discovery—Making discovery easier By Patrick M. Kinnally Civil Practice and Procedure, July 2016 Take a look at 735 ILCS 35/1-- Illinois’ version of the Uniform Interstate Deposition and Discovery Act. It will save you time and a lot of your client’s money.
A red flag: Orders of Protection and deportability for resident aliens By Patrick M. Kinnally International and Immigration Law, June 2016 Recent case law shows what may amount to misdemeanor or perhaps civil violations of protection orders may have far-reaching consequences including removal from the United States.
The unauthorized practice of law: A case study By Patrick M. Kinnally Civil Practice and Procedure, May 2016 The author shares his personal experience.
Child abuse: Is it a removable offense? By Patrick M. Kinnally International and Immigration Law, April 2016 Condoning excessive corporal punishment is not acceptable. The problem is, how do our laws—and which ones, federal or state statutes—tell us when such discipline or abuse abrogates the line in the area of immigration law?
Conditional residency in immigration family law cases: Who has the burden of proof? By Patrick M. Kinnally International and Immigration Law, November 2015 The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Lost earnings and lost earnings potential: Can a small business owner recover? By Patrick M. Kinnally Civil Practice and Procedure, November 2015 Lost earnings capacity is not easily defined and its proof can be problematic in terms of certainty as well as quality.
Vacating a default judgment: Our Supreme Court provides the answer By Patrick M. Kinnally Civil Practice and Procedure, August 2015 The recent case of Warren County Soil and Water Conservation, District 2015 IL v. Walters has provided a clear direction to our trial courts in adjudicating a petition to vacate a default judgment.
Judicial “es-top-pel”—Bankruptcy debtors beware By Patrick M. Kinnally Civil Practice and Procedure, June 2015 Judicial estoppel applies in cases where a debtor claims an asset not revealed in a bankruptcy filing, and his omission may or may not preclude him from seeking compensation on a viable state law tort claim.
On their own: How we can help immigrant children find a way By Patrick M. Kinnally International and Immigration Law, June 2015 A look at how attorneys can help undocumented, unaccompanied minors find refuge.
Judges, advocates, and litigants: Why we all matter By Patrick M. Kinnally Bench and Bar, December 2014 The author shares his thoughts for how we can work together to make the system of justice even better.
Vacating a judgment: We need meaningful criteria—West Suburban Bank v. Advantage Financial Partners, LLC By Patrick M. Kinnally Civil Practice and Procedure, December 2014 Our Illinois Appellate Court has now issued another opinion on vacating a judgment under 735 ILCS 5/2-1401.

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