Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Bowman v. Ottney and Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board and the criminal cases People v. Hughes, People v. Burns and In re Michael D.
Note: The authors of the summaries and the staff of Illinois Lawyer Now wish to honor the memory of Hon. Jean Prendergast Rooney, who passed away on December 8, 2015, and was a valuable original member of this team before becoming Circuit Judge. She is greatly missed.
CIVIL
Bowman v. Ottney
By Michael T. Reagan, Law Offices of Michael T. Reagan
When a judge has made a ruling on a substantial issue in a case, followed by a voluntary dismissal without prejudice pursuant to 735 ILCS 5/2-1009, a party may not move for substitution of judge when the subsequently refiled case is assigned to the judge who presided in the first case. In Bowman v. Ottney, the judge ruled on substantial issues, such as the scope of discovery. Thereafter, plaintiff voluntarily dismissed her complaint and timely refiled her action. The refiled case was assigned to the original judge, and plaintiff immediately moved for substitution of judge pursuant to 735 ILCS 5/2-1001. Defendant objected, asserting that plaintiff had “tested the waters” during the first case. The circuit court denied the substitution of judge but certified the issue under SCR 308.
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December 17, 2015 |
Practice News
1 comment (Most recent December 18, 2015)
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December 17, 2015 |
Events
Join the Fellows of the Illinois Bar Foundation on Thursday, January 28 for the Lake County Fellows Reception, honoring attorneys Deborah Goldberg and Bernard Wysocki for their leadership and dedication to the law. The proceeds from this event will help the Foundation further its mission to ensure meaningful access to the justice system, especially for those with limited means; assist lawyers who have fallen on hard times; and provide legal Fellowships to recent law school graduates.
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December 17, 2015 |
Practice News
The U.S. Department of Justice has an attorney vacancy in the criminal division of the Rock Island Office. Applications are being accepted through Dec. 31, 2015. Find out more at http://www.justice.gov/legal-careers/job/assistant-united-states-attorney-criminal-11 There is also an opening for a summer law student volunteer in the Executive Office for Immigration Review of the Chicago Immigration Court, 525 W. Van Buren. Applications must be received by Jan. 19. Find out more at http://www.justice.gov/legal-careers/job/law-student-volunteer-summer-116
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December 17, 2015 |
Practice News
By Jim Covington, Director of Legislative Affairs It has been quiet in Springfield regarding the revenue side of the budget equation. But, at some point, a discussion about a service tax may reappear as part of an effort to address Illinois’ budget needs and solve the related deficit. Gov. Rauner’s 2014 campaign advocated for a service tax that included a tax on legal services. This part of his plan accounted for one-quarter of the $577 million that was estimated to be generated by this tax. This is to address the estimated $8.5 billion in unpaid bills at the end of the calendar year. So, the idea of taxing our clients isn’t going away, and we wanted to remind you of this issue. We’re linking to a recent joint study by the Taxpayers Federation of Illinois and the Center for Tax and Budget Accountability and an article in State Tax Notes. The joint study recommends against imposing a service tax on professional services (page 9) but does recommend an expansion of Illinois’ sales tax base. The article, entitled “Taxing Services is No Panacea” by Brian Hamer, former Illinois Director of Revenue, is a concise four-page discussion of the service tax issue.
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December 16, 2015
Unsurprisingly, plenty of New Year's resolutions fail, and fail quickly. A study by John C. Norcross of the University of Scranton found that only 77 percent of resolution-makers were able to keep their promises "continuously for one week" - which means that 23 percent failed in the very first week. But when we consider the high-flying nature of most New Year's resolutions, maybe those success rates aren't so bad. And there is, apparently, a bit of magic to making a New Year's resolution, as opposed to some other plan for change - only four percent of "non-resolvers" reported being able to make a change for six months. Successful resolution-makers "think small" - both about the number of resolutions and the time necessary to accomplish them. Joseph Weintraub, founder and faculty director of the Babson Coaching for Leadership and Teamwork Program, recommends setting no more than three goals with a deadline of a year or less. Goals should be attainable, but challenging enough to make them worth doing. For a Master Procrastinator, for example, a goal of "don't procrastinate" isn't realistic. But maybe he's pretty sure he can commit to a goal of having all briefs drafted one week before their due date, so he can review them with clients and colleagues and give his staff a reasonable amount of time to get them prepared and filed. Learn more resolution best practices from Karen Erger's column (clever and insightful per usual) in the December Illinois Bar Journal.
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December 16, 2015 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am a senior partner in a 14 attorney intellectual property firm in Memphis. We are planning on having a firm retreat in January 2016. We have never had a retreat before. Our plan is to have a one-day retreat facilitated by a consultant with specific focus on competitive strategy and marketing. We have just decided this week that we would like to do this and are just beginning the planning process. I would like to hear your thoughts and suggestions. A. Here are my thoughts:
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December 15, 2015 |
Practice News
Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for an At-Large Circuit Court vacancy in the Eighth Judicial Circuit. The vacancy is created by the resignation of Judge William O. Mays, Jr., effective January 15, 2016. Judge Mays has been an At-Large Circuit Judge in the Eighth Judicial Circuit since 2006. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to the final Court approval. Applicants will undergo an evaluation and screening process. Notice of the vacancy has been posted in the courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court's website at www.illinoiscourts.gov and following the instructions in the "Latest News" scroller announcing the Eighth Judicial Circuit vacancy.
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December 14, 2015 |
Member Services
You may know that under the Affordable Care Act (ACA), you might be eligible for a tax credit that could save you considerable money on health insurance . But did you know that as a Illinois State Bar Association member, you have a fast, reliable and convenient way to learn if you qualify? The Illinois State Bar Association has established a relationship with Mercer Marketplace*, which makes an insurance solution available to you from the insurance agent and broker GetInsured. Through this service, you can learn if you qualify for tax credits. You also can learn just how much these credits could save you on ACA-compliant health insurance available in your area. Visit the website to learn if you qualify for tax credits.
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December 14, 2015
The 203-member ISBA Assembly met on Saturday, Dec. 12 at the Midyear Meeting. Visit http://iln.isba.org/blog/2015/12/13/isba-assembly-approves-rule-711-law-school-debt-report for a recap. -
December 13, 2015 |
ISBA News
The ISBA Assembly took action on a host of items during the Joint Midyear Meeting on Dec. 12 at the Sheraton Grand Chicago. The 203-member Assembly is the supreme policy making body of the Association. Supreme Court Chief Justice Rita Garman gave a report on the Court to start the meeting. ISBA Mutual President Jon DeMoss followed and reported that a 10 percent dividend has been approved for policy holders. Judge Michael Chmiel presented the report of the Special Committee on Rule 711. This included a recommendation to the Supreme Court of Illinois to make a change to Rule 711 to allow law students with a 711 license to practice with private attorneys – not just not-for-profit or governmental agencies. The Assembly approved the recommendation. Justice Ann Jorgensen and Board member Dennis Orsey, co-chairs of the Special Committee on Law School Curriculum, presented the committee's final report and recommendations and they were approved. Curtis B. Ross, Chair of the Assembly Finance Committee, presented a dues restructuring proposal to drastically reduce the number of dues categories that includes a slight increase after 10 years of no dues increases. The proposal was unanimously approved. Assembly member Lori G. Levin presented a request for the Assembly to support the Equal Rights Amendment and the measure was approved. Board Member David Sosin presented on the ABA Resolution regarding Model Regulatory Objectives. It was recommended that the Assembly oppose the measure -- which it did.3 comments (Most recent December 15, 2015)