Section Newsletters

Articles From Patrick M. Kinnally

It’s not just paperwork: Insuring due process in the service of summons By Patrick M. Kinnally Civil Practice and Procedure, October 2007 When discord arises requiring litigation, equity requires the playing field to be even for both the plaintiff and the defendant.
How a missing affidavit reduced a jury verdict: Supreme Court Rule 222(B) By Patrick M. Kinnally Civil Practice and Procedure, September 2007 Evelyn Grady was in a car wreck with Noelia Marchini. Grady filed a complaint against Marchini on August 3, 2004.
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally General Practice, Solo, and Small Firm, July 2007 In January 2004 the Illinois General Assembly passed a law (725 ILCS 5/113-8) which says:
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally International and Immigration Law, March 2007 In January 2004 the Illinois General Assembly passed a law (725 ILCS 5/113-8) which says:
The invalidation of Illinois’ ballot access law: Good news for voters who seek choice in elections : Lee v. Keith, (7th Cir., 2006) 463 F.3d 763 By Patrick M. Kinnally Human and Civil Rights, March 2007 Since 1980, not a single independent candidate has qualified as a candidate for an Illinois General Assembly. Unless a person can demonstrate he is within a recognized political party or can qualify as a “new party” candidate (Green, Libertarian etc.), he is effectively deprived from candidacy.
Admonitions in the criminal court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally Traffic Laws and Courts, January 2007 Whether one agrees with the requirement of advising noncitizens about the immigration consequences relating to a plea of guilty is not the issue, but the law.
Removal Orders Redux: An analysis of the Immigration Deportation Reinstatement statute By Patrick M. Kinnally International and Immigration Law, August 2006 Juanita and her husband, Jorge, have come to see you about Jorge’s immigration status.
Offers of proof: What are they and when do you need them? By Patrick M. Kinnally Civil Practice and Procedure, April 2006 The trial court has entered an order which declares the dissolution of marriage complaint that was filed three months previous is: (1) set for trial in 60 days; and that if either party wanted to call more than two witnesses it had to request a pretrial conference seven (7) days before trial.
Accord and satisfaction: Investigation can make it more than a paper game By Patrick M. Kinnally General Practice, Solo, and Small Firm, January 2006 An accord and satisfaction by the use of an instrument, such as a check and a memorandum, should be governed by the Uniform Commercial Code.
Ante-nuptial agreements: Broken promises By Patrick M. Kinnally General Practice, Solo, and Small Firm, December 2005 When I was in law school, my family law professor seemed intelligent and energetic about the topic. One area of instruction was “antenuptial agreements.”
A few tips on litigating non-competition agreements: An employee’s perspective By Patrick M. Kinnally Civil Practice and Procedure, December 2005 Some pointers that may help when representing employees in litigation involving non competition contracts.
Judicial notice revisited By Patrick M. Kinnally Civil Practice and Procedure, September 2005 Recently, I was involved in a trial where my opponent was attempting to have the court take judicial notice of a municipal ordinance.
Making the rulemakers play by the rules: Admistrative decision making in the immigration arena By Patrick M. Kinnally International and Immigration Law, May 2005 Agencies within the executive branch of government, both on the state and federal level, generally implement statutes entrusted to their administration by the legislative branch either through administrative rulemaking (5 U.S.C. 553) or ad hoc adjudication (5 U.S.C. 554).
A few tools for working with witnesses By Patrick M. Kinnally Young Lawyers Division, December 2004 I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.
Terry stops: the riddle of Fourth and Fifth Amendment jurisprudence By Patrick M. Kinnally General Practice, Solo, and Small Firm, September 2004 Benny Bogain has come to see you. Over the years, he has experienced a few problems with local law enforcement officers. A DUI, a battery charge, and most recently a minor ordinance violation for possessing a 12-pack in Lincoln Park.
Making the law work: The Illinois Wage Payment and Collection Act By Patrick M. Kinnally Labor and Employment Law, August 2004 There are at least two statutes in Illinois which assist employees when an employer fails to adhere to an agreement or contract to pay an employee for wages.
Making the law work: The Illinois Wage Payment and Collection Act By Patrick M. Kinnally General Practice, Solo, and Small Firm, June 2004 There are at least two statutes in Illinois which assist employees when an employer fails to adhere to an agreement or contract to pay an employee for wages.
Hoffman Plastics and injured aliens By Patrick M. Kinnally International and Immigration Law, April 2004 Jose Castro was an undocumented worker from Mexico. He was hired by Hoffman Plastics Compounds, Inc. ("Hoffman") in 1988 to work at its facility which formulated chemical compouds for manufacturers. When Castro was hired, he used a birth certificate which belonged to a friend born in Texas.
Suing your client and practicing law as a registered corporation: A look at Supreme Court Rule 721 By Patrick M. Kinnally General Practice, Solo, and Small Firm, March 2004 Is a law firm that fails to register as a corporation with the Illinois Supreme Court creating a remedy to a former client of that firm because of the failure to register?
Happy trails? Immunity from wilful and wanton conduct for local public entities By Patrick M. Kinnally General Practice, Solo, and Small Firm, January 2004 The Illinois Supreme Court has provided interpretation of the scope and breadth of the Local Governmental Tort Immunities Act involving the safety of equipment provided by some school personnel to students. 
More on vehicular damage as evidence of injury- Motions in limine: Are they relevant and material? By Patrick M. Kinnally Civil Practice and Procedure, January 2004 Motions in limine are a wonderful wrench in a litigator's toolbox. But they should not be permitted to deprive a fact finder from looking at a picture that is fundamental to understanding what the dispute is about. They have become overused.
The legislature has acted: Aliens, guilty pleas and new admonitions in the criminal court (P.A. 93-0373) By Patrick M. Kinnally International and Immigration Law, September 2003 During the last 90 days, you have met several times with the prosecutor, Marlene Tims, concerning the felony drug possession charge for which your client, Porfirio, has been charged.
Witnesses, statements and depositions By Patrick M. Kinnally Civil Practice and Procedure, September 2003 I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.
Closing argument: Using enlarged trial transcripts and jury instructions By Patrick M. Kinnally Bench and Bar, June 2003 You just completed a four-day trial. The plaintiff claims it is entitled to money damages because your client, Tiger, L.L.C., delivered certain lockers that did not conform to the bid specifications of the plaintiff, Mason School District.
Closing argument: Using enlarged trial transcripts and jury instructions By Patrick M. Kinnally Civil Practice and Procedure, May 2003 You just completed a four-day trial. The plaintiff claims it is entitled to money damages because your client, Tiger, L.L.C., delivered certain lockers that did not conform to plaintiff, Mason School District's, bid specifications.
A summary on summary judgment By Patrick M. Kinnally Civil Practice and Procedure, January 2003 Section 5/2-1005(c) of the Illinois Compiled Statutes states that summary judgment "shall be rendered without delay if the pleadings, depositions and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
Backstriking jurors: Diligent advocacy or guile? By Patrick M. Kinnally Civil Practice and Procedure, October 2002 Recently I was involved in a trial and counsel, in conjunction with the court, were selecting a jury.
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally Civil Practice and Procedure, October 2000 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.

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