Defaulted defendants frequently seek relief from default orders and judgments in the form of motions to vacate brought under 735 ILCS 5/2-1301 or 2-1401. As they say, timing is everything. The availability of relief from an order or judgment to which a defaulted party may be entitled and the standard the court must apply in determining whether a party is entitled to the relief he or she seeks depend almost exclusively on the timing of the request. Moreover, because of the procedural uniqueness of the Illinois Mortgage Foreclosure Law (IMFL), found in Article XV of the Illinois Code of Civil Procedure, an understanding of the interplay between the IMFL and the Article II civil practice statutes is critical for a successful litigant. In her February 2020 Illinois Bar Journal article, “Mortgage Foreclosure Relief,” Cook County Circuit Court Judge Cecilia Horan examines possible relief from default orders and judgments available in mortgage foreclosure cases and the limitations on those remedies.
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February 24, 2020 | Practice News
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February 21, 2020 | Practice News
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. -
February 20, 2020 | CLE
Join us in Chicago from 9 a.m. – 12:15 p.m. Monday, March 9 for an introduction to restorative philosophy, principles, and circle process, as well as their practical use in helping parties who need to communicate in sustainable and respectful ways to move forward. It will be a “first step” in exposing participants to the nuts and bolts of circle process. Restorative justice principles can be applied across multiple practice areas. Attorneys attending this program will better understand: the circle process and the community building that circles foster and inspire; the skill-building that circles support, including listening, communication, critical thinking, analysis, reflection, and collaboration; and how to build upon and apply these skills in working with clients, colleagues, members of the bar, and others as they begin to think about the benefits in fulfilling their roles and carrying out their responsibilities. -
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. -
February 18, 2020 | CLE
Join us in Chicago or via a live webcast from 8:10 a.m. until 5 p.m. Friday, March 6 for the ISBA's 11th annual Animal Law Conference, which highlights important animal law updates and examines the advances made in this rapidly-evolving area of practice. Animal law attorneys, general practitioners, environmental/natural resources lawyers, and counsel for municipalities with all levels of practice experience who attend this seminar will better understand: the current state of the puppy mill industry in Illinois; how civil litigation is being used to help the treatment of farm animals; the role of undercover investigations in animal law; the ongoing legislative and regulatory reform in the horse racing industry, including the Horseracing Integrity Act; the considerations that go into implementing animal protection legislation in Illinois; how to apply the “well-being of the companion animal” in marriage dissolution cases; the recent developments in the pet insurance industry; how mandatory animal encounter training can help reduce the number of dogs shot by police officers; and what Lewis & Clark’s Aquatic Animal Law Initiative is doing to help aquatic animals. -
February 13, 2020 |
Practice News
Attorney Kathryn H. Mickelson provides an overview of prenuptial agreements.
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February 11, 2020 |
CLE
By Steve Riley, Attorney and Atticus Certified Practice Advisor Tired of working evenings and weekends? Tired of practicing pay-the-rent law? Tired of being tired all the time? It’s time to look forward and grow your practice, which will increase your personal income and have a positive effect on your team and your clients. Along the way, the confidence you gain will help you propel the practice forward in the years to come.
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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. -
February 11, 2020 | CLE
Join us via live webcast from noon until 1 p.m. on Wednesday, Feb. 26 for an in-depth overview of the steps involved in representing a party in an appeal before the Illinois Appellate Court. All significant parts of the process are covered—from the commencement of the appeal through issuance of the Appellate Court decision and beyond. Attorneys with basic practice experience who have never handled an appeal (or have not handled an appeal since Illinois instituted mandatory e-filing) attending this seminar will better understand: obtaining or opposing a stay of enforcement in the circuit court; filing the notice of appeal in the circuit court; deciding whether to cross-appeal; requesting preparation of the record on appeal; filing the docketing statement in the Appellate Court; assuring that the record on appeal is complete; filing a supplemental record; determining what issues have been preserved for appeal; selecting the errors to advance; motions in the Appellate Court; drafting the opening brief; drafting the reply brief; preparing for oral argument; delivering oral argument; the Appellate Court decision; petitions for rehearing; the Appellate Court mandate and remand; and considering whether Illinois Supreme Court review may be available. -
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.