The mend-the-hold doctrine derives its name from “a nineteenth-century wrestling term, meaning to get a better grip (hold) on your opponent.” In a series of early decisions, the Illinois Supreme Court established the mend-the-hold doctrine, which provides that a party’s stated grounds for refusing to perform a contract bars grounds left unstated. The Illinois Appellate Court later narrowed the doctrine by limiting parties to grounds identified at the start of litigation and only when switching positions prejudices an opponent. In December’s Illinois Bar Journal, Stanley C. Nardoni, who practices in the Insurance Recovery Group of Reed Smith LLP’s Chicago office, assesses whether the appellate court’s narrowing of the doctrine contradicts precedent established by the supreme court.
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December 10, 2018 |
Practice News
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December 10, 2018 |
CLE
The ISBA will host two CLE webcasts on Jan. 23, 2019. Environmental Law for the General Practitioner: Environmental Issues in Real Estate Transactions Join us for part seven of the Environmental Law for the General Practitioner Series, which will be of particular interest to attorneys needing information on the environmental concerns to be aware of during a real estate transaction. 11 a.m. – noon | 1.0 hour MCLE credit
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December 7, 2018 |
ISBA News
Edelson PC hosted an educational seminar for south suburban Cook County high school students Dec. 7 in preparation of the Illinois State Bar Association’s High School Mock Trial Invitational. The mock trial invitational program, which is co-administered by the ISBA and the Illinois Trial Team of the University of Illinois, provides an opportunity for students to learn what it is like to prepare and present a legal case before the Illinois courts. Participating students gain a better understanding of the justice system and improve their knowledge, skills, and ability to articulate in a reasoned, thoughtful manner.
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December 7, 2018 |
ISBA News
Steven Pflaum, partner and co-chair of Neal Gerber Eisenberg’s litigation department, was honored by The Illinois Judges Association (IJA) at their annual luncheon on Dec. 7 for his esteemed service on the Illinois Judicial Ethics Committee. The event also honored retired Illinois Supreme Court Justice Charles Freeman and outgoing Illinois Attorney General Lisa Madigan. The event was part of the 2018 Joint Midyear Meeting.
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December 6, 2018 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am a solo practitioner in central Illinois. I have been in practice for more than 30 years and I just turned 60. I have two staff members and no other attorneys in the firm other than myself. I plan on working another five years and then I would like to gradually exit from my practice and then retire. I want to have a home for my clients and employees, and I would prefer to be able to sell my interest to an associate attorney working for the firm. I think we have the work to justify hiring an associate and this is the route I would like to go. I have never had an associate, so I am not sure what I should look for. Your thoughts would be most appreciated.
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December 5, 2018 |
Member Services
Severe winter weather can cause property damage, lead to employee illness or injury, and in some cases force attorneys to temporarily close their law offices. The ISBA’s winter weather preparedness checklist helps attorneys identify the areas of their business that are the most vulnerable to winter hazards. Developing a winter preparedness plan can help lawyers minimize damage and recover more quickly after the storm has passed.
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December 3, 2018 |
ISBA News
Joliet attorney Vincent F. Cornelius was sworn in today as circuit judge for the Twelfth Judicial Circuit Court of Will County. The ceremony took place in the Joliet City Council Chamber, 150 W. Jefferson St., in Joliet. Cornelius is the founder and principal attorney of the Law Offices of Vincent F. Cornelius in Joliet and Wheaton. He has tried hundreds of cases during his career as a prosecutor, criminal defense attorney, and civil litigator.4 comments (Most recent December 6, 2018)
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December 3, 2018 |
ISBA News
(L-R) ISBA Member Emily Masalski, ISBA Director of Legislative Affairs Jim Covington, ISBA President James F. McCluskey, ISBA Women and the Law Committee Chair Lori Levin, ISBA Board of Governors Member Julie Johnson, ISBA Women and the Law Committee Ex-Officio Melissa Olivero, ISBA Women and the Law Vice Chair Kelly Bennett, ISBA Member David P. Eldridge. The Illinois State Bar Association was among several groups that recently received the Illinois Women’s Institute for Leadership Training Academy’s Trailblazers Award. The recipients of this year’s awards were organizations that helped pass the Equal Rights Amendment to the United States Constitution in Illinois. The amendment, which outlaws discrimination based on gender nationwide, was ratified in May.
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December 3, 2018 |
Practice News
For the past 70 years, family law attorneys have utilized the alimony deduction to help ease the financial burden divorcing families face as they transition to two households. The elimination of the alimony-payments deduction is a major casualty of the federal Tax Cuts and Jobs Act of 2017. This change will be costly for divorcing couples and may make settling divorce cases more difficult. In December’s Illinois Bar Journal, family law attorneys Nancy Chausow Shafer and Margaret A. Bennett provide a guide to the new maintenance formula, the repeal of the alimony deduction, and other changes that divorcing couples and their attorneys need to know.
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November 29, 2018 |
Practice News
The Illinois Supreme Court handed down nine opinions on Thursday, Nov. 29. The court determined that amendments to Supreme Court Rule 604(d) do not apply retroactively in People v. Easton, confronted whether a defendant who is able to retain counsel to prepare and file his post-conviction petition is entitled to any guaranteed level of assistance from that counsel in People v. Johnson, and articulated the contours of “waiver by conduct” in regard to appointed counsel for post-conviction petitions in People v. Lesley. The supreme court also determined that two corporate defendants were both liable in tort and their relative culpability was equal in Sperl v. Henry, opined that “transactional test” for res judicata should also be applied to the separate doctrine of the single refiling rule to determine whether two or more lawsuits assert the same cause of action in First Midwest Bank v. Cobo, and held that an injured worker was barred from intervening in her employer’s subrogation action brought against third-party tortfeasors in A&R Janitorial v. Pepper Construction Co. The supreme court also weighed in on statutory changes to the Illinois Pension Code and their impacts upon affected employees in Carmichael v. Laborers & Retirement Board Employees’ Annuity & Benefit Fund of Chicago, discussed the court’s jurisdiction, supervisory authority, and the framework for a circuit court to address the constitutionality of an Illinois statute in Gonzalez v. Union Health Service, Inc., and addressed judicial review of executive power in Gregg v. Rauner.