Champerty, contingent fees, and client advocacyBy Patrick M. KinnallyMay 2018Prospect 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.
Contextual parentageBy Jeffrey A. ParnessDecember 2018A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.
Guardian ad litem negligenceBy Gary L. Schlesinger & Rachael BernalSeptember 2018In the recent case Nichols v. Fahrenkamp, the fifth appellate district decided a case involving negligence of a guardian ad litem in probate court.
Orders of protection cases often involve surprisesBy Gary L. Schlesinger & Rachael BernalSeptember 2018If items not specified in a petition for an order of protection fall within section 214 of the Domestic Violence Act, respondents will be at a disadvantage in attempting to fashion a defense.
Presumptions and powers of attorneyBy Patrick M. KinnallyJuly 2018In 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.
Sexual misconduct and Illinois civil procedure lawsBy Jeffrey A. ParnessFebruary 2018Surely, there is a need for immediate and serious discussions of law reform measures designed to remedy those already harmed by sexual misconduct as well as to prevent future instances of such misconduct. But some discussions should also involve possible Illinois civil procedure law reforms.
Snow and ice: Natural and obvious?By Jason G. SchutteOctober 2018The application of the open and obvious condition doctrine was recently analyzed in the fourth district appellate case Winters v. Mimglii Arbors at Eastland, LLC.
Trails, tribulations, and tort immunity: Then and nowBy Patrick M. KinnallyFebruary 2018We 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.