Articles From Kaitlin Klamann

The Second District avoids causing new ripples in the common law “test the waters” doctrine By Edward Casmere & Kaitlin Klamann Bench and Bar, September 2016 While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
The status of the “test the waters” doctrine after the Illinois Supreme Court’s decision in Bowman v. Ottney By Kaitlin Klamann Bench and Bar, February 2016 The Illinois Supreme Court recently declined to rule on the viability of the “test the waters” doctrine in Illinois. It had the opportunity to do so in Bowman v. Ottney, but instead decided the case on statutory grounds and left the doctrine’s future open.

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