Section Newsletter Articles on Appeals
Petitions under 735 ILCS 5/2-1401 not the right option for challenging appellate court mandates
Civil Practice and Procedure
, December 2015
With its recent decision in Price v. Philip Morris, the Illinois Supreme Court offered deep reasoning for a point that might have seemed entirely obvious—that circuit courts cannot review mandates of the appellate court through 735 ILCS 5/2-1401. Practitioners should be aware of the court’s reasoning and what plaintiffs should have done.
The importance of standard of review in deciding to appeal
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.