The Illinois Supreme Court handed down two opinions on Friday, February 21. In People v. Gayden, the court considered whether to provide a means for a defendant to challenge his trial attorney’s failure to file a motion to suppress where the record on direct appeal was found to be insufficient to evaluate that claim. In Joiner v. SVM Management, LLC, the court reaffirmed its prior holdings that a class action lawsuit is mooted when the named plaintiff rejects tender of full relief before a class certification motion is filed.
Practice News
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February 21, 2020 | Practice News
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February 18, 2020 | Practice News
Every personal injury lawyer has handled a motor-vehicle case. When photographs exist showing damage (or the lack thereof) to the vehicles involved in a collision, the parties will invariably try to admit the photos into evidence to support their theory of the case. If the photos show substantial damage, the plaintiff will seek to admit them to argue that the impact between the vehicles was significant, and that the force of the impact caused more serious injuries. Conversely, if the photos show little or no damage, the defendant will seek to admit the photos to suggest that the impact was minimal, and that the plaintiff was therefore not likely injured to the extent claimed. But what does all this mean now, in light of Peach v. McGovern, in which the Illinois Supreme Court recently held that in personal injury cases, expert testimony is not required to admit postaccident photographs of vehicles involved in a collision? In his February 2020 Illinois Bar Journal article, “A Picture is Worth a Thousand Words,” Arlo Walsman examines this development in caselaw.
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February 13, 2020 |
Practice News
Attorney Kathryn H. Mickelson provides an overview of prenuptial agreements.
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February 11, 2020 | Practice News
The Illinois Supreme Court today announced a pilot program utilizing volunteer pro bono attorneys to reduce the backlog of criminal appeals that are currently pending with the Office of the State Appellate Defender (OSAD) across the state.
In this six-month pilot program, pro bono attorneys will help reduce the backlog by substituting for OSAD in certain criminal appeals. The pilot program will launch in the First and Second Districts of the Appellate Court with managerial assistance from the Administrative Office of the Illinois Courts. Upon favorable assessment of the pilot program, it would be expanded to include the Third, Fourth and Fifth District Appellate Courts.
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February 10, 2020 | Practice News
Conflicting federal and state laws pose many interesting legal questions for Illinois and other states that have legalized recreational cannabis. In his February 2020 Illinois Bar Journal article, “Major Buzzkill,” Joe Schomberg examines one often-overlooked issue: the availability of the U.S. Bankruptcy Code to businesses engaged in, or adjacent to, the bourgeoning legalized cannabis industry. Schomberg’s article received first place in the Illinois Bar Journal’s 2020 Lincoln Award Legal Writing Contest.
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February 10, 2020 | Practice News
Illinois Supreme Court Justice Robert R. Thomas has announced his retirement from the Illinois Supreme Court effective Feb. 29, 2020.
Justice Thomas, 67, became the first Chief Justice from DuPage County when he was elected to that post from 2005-2008. One of the major accomplishments during Justice Thomas’ tenure as Chief was the establishment of the Supreme Court Commission on Professionalism, an outgrowth of the Special Supreme Court Committee on Civility, which was formed in 2001.
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February 7, 2020 | Practice News
The Illinois Supreme Court has amended several Rules pertaining to bail and bond, effective March 1.
The Supreme Court on Feb. 6 announced that it has amended Rules 501, 526, and 528.
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February 5, 2020 |
Practice News
The Illinois Attorney Registration and Disciplinary Commission (ARDC) is accepting comments for its “Intermediary Connecting Services Proposal,” which it has submitted to the Illinois Supreme Court.
The proposed Rules are available online. Comments may be emailed to information@iardc.org.
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February 5, 2020 |
Practice News
The Illinois Attorney Registration and Disciplinary Commission (ARDC) is seeking law clerks for its Chicago and Springfield offices beginning in the summer of 2020.
Law clerks are eligible to work up to 35 hours per week during the summer months. In the Chicago office only, when school starts in the fall, the ARDC allows law clerks to work approximately 12 to 15 hours per week.
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February 3, 2020 |
Practice News
The Illinois Office of Comptroller has named Debjani Desai as its general counsel to serve as the office’s main attorney and advise the comptroller on matters affecting the office.
Desai served as assistant general counsel in the Litigation and Eligibility group for the Illinois Department of Healthcare and Family Services, where she managed state and federal litigation and provided counsel to staff throughout Illinois.