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Articles From Patrick M. Kinnally

A New Rule of Evidence: The Effect of Immigration Status in Illinois Civil Proceedings By Patrick M. Kinnally Diversity Leadership Council, November 2021 The Illinois General Assembly has enacted 735 ILCS 5/18-2901, a new rule under which evidence related to a person’s immigration status is not admissible in any civil proceeding with certain exceptions.
The Confidentiality of Mental Health Records: When Are They Secret? By Patrick M. Kinnally Civil Practice and Procedure, May 2021 When the focus of court mandates are mental health records, the bar for disclosure of such records and communications requires pause, perspicacity, and patience.
Free Speech and Soliciting Aliens to Violate Immigration Law: United States v. Sineneng Smith By Patrick M. Kinnally International and Immigration Law, December 2020 In United States v. Sineneng-Smith, the U.S. Supreme Court determined whether provisions of the Immigration and Nationality Act, which allow a felony prosecution where any person encourages or induces and alien to enter or reside in the U.S. if the encourager knew or recklessly disregarded that such coming was in violation of law, is overbroad and a violation of the First Amendment.
Temporary Protected Status: It’s Time to Get It Right By Patrick M. Kinnally International and Immigration Law, December 2020 A look at the varying interpretations and opinions as to what Congress meant when it created the temporary protected status 30 years ago.
Bias: Instructing Jurors—Illinois Pattern Jury Instructions (Civil) 1.08 By Patrick M. Kinnally Civil Practice and Procedure, November 2020 If the law is going to come from the people, then jurors need to understand they are fact finders as well as the guardians of probity.
Free Speech and Soliciting Aliens to Violate Immigration Law: U.S. v. Sineneng Smith By Patrick M. Kinnally International and Immigration Law, September 2020 A summary of U.S. v. Sineneng Smith, which looks at whether a federal law criminalizing the act of encouraging or inducing illegal immigration for commercial advantage or private financial gain is unconstitutional on its face.
A New Rule of Evidence: The Effect of Immigration Status in Illinois Civil Proceedings By Patrick M. Kinnally International and Immigration Law, September 2020 The Illinois General Assembly, following other states, has enacted a new rule of evidence that applies to civil proceedings.
Contingent Fees: Success Fee—What Are They? By Patrick M. Kinnally Civil Practice and Procedure, August 2020 A summary and analysis of Grund & Leavitt v. Stephenson, in which a law firm filed a complaint against a former client to recover under a written agreement whereby plaintiff would provide legal representation and services for defendant and defendant would pay plaintiff hourly attorney fees and costs as incurred and, additionally, a “final bill.”
A New Rule of Evidence: The Effect of Immigration Status in Illinois Civil Proceedings By Patrick M. Kinnally Civil Practice and Procedure, July 2020 The Illinois General Assembly, following other states, has enacted a new rule of evidence that applies to civil proceedings.
Immigration and Litigation Practice While Dealing with Coronavirus By Patrick M. Kinnally International and Immigration Law, May 2020 A look at the impact of COVID-19 on the practice of immigration law.
A Primer: Expert Opinions—IRE 702-705 By Patrick M. Kinnally Civil Practice and Procedure, May 2020 The Illinois Supreme Court has repeatedly warned about the overuse of opinion witnesses.
Jurisdiction Stripping and the Presumption of Judicial Review: Who Gets to Make the Call in 2020 By Patrick M. Kinnally Commercial Banking, Collections, and Bankruptcy, April 2020 A look at issues of congressional authority as we head into 2020.
Jurisdiction Stripping and the Presumption of Judicial Review: Who Gets to Make the Call in 2020 By Patrick M. Kinnally International and Immigration Law, February 2020 A look at issues of congressional authority as we head into 2020.
Promises Kept and Unkept and Quasi Contracts By Patrick M. Kinnally Civil Practice and Procedure, December 2019 An analysis of recent opinions in Illinois courts that have brought into focus contract enforcement in both private and public settings.
Pleading Guilty in Illinois Courts: A New Judicial Admonition Rule By Patrick M. Kinnally & Cindy G. Buys International and Immigration Law, November 2019 An explanation of the background and intent of the August 2019 amendment to the Judicial Admonition Statute.
Certificates of Citizenship, Derivation, & Naturalization: How Are They Different? By Patrick M. Kinnally International and Immigration Law, August 2019 Applying for naturalization as a United States citizen, if performed correctly, is an earned, valuable right.
Consular reviewability: It is time for the main event By Patrick M. Kinnally International and Immigration Law, March 2019 A U.S. citizen may not enjoy a cognizable legal liberty interest in his spouse’s application for an immigrant visa.
A keepsake: The Due Process Clause in civil litigation—People v. Gawlak By Patrick M. Kinnally Civil Practice and Procedure, March 2019 In People v. Gawlak, the Illinois Supreme Court considered whether the circuit court arbitrarily violated the due process rights of a defendant
Denaturalization: A new government foray By Patrick M. Kinnally International and Immigration Law, November 2018 An overview of issues that are often overlooked by those who seek citizenship without counsel.
Foreign students/maintenance of status: A primer By Patrick M. Kinnally International and Immigration Law, November 2018 An overview of how foreign students seek admission to the United States.
Making the government provide actual notice in removal proceedings: Pereira v. Sessions By Patrick M. Kinnally International and Immigration Law, October 2018 A summary of the two main takeaways from Pereira v. Sessions.
Presumptions and powers of attorney By Patrick M. Kinnally Trusts and Estates, September 2018 In 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.
Presumptions and powers of attorney By Patrick M. Kinnally Civil Practice and Procedure, July 2018 In 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.
Champerty, contingent fees, and client advocacy By Patrick M. Kinnally Civil Practice and Procedure, May 2018 Prospect 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.
1 comment (Most recent May 22, 2018)
Survival of claims—Renunciation of wills By Patrick M. Kinnally Trusts and Estates, February 2018 What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Trails, tribulations, and tort immunity: Then and now By Patrick M. Kinnally Civil Practice and Procedure, February 2018 We 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.
The Illinois “Long arm” jurisdiction statute just got a bit shorter By Patrick M. Kinnally Civil Practice and Procedure, January 2018 Litigating on one’s home court is always an advantage. But you have to do your homework to get that opportunity.
Interest on judgments and awards: Can your client collect? By Patrick M. Kinnally Civil Practice and Procedure, January 2018 When does a judgment other than for child support begin to draw interest? At what rate? If you obtain an award or report, is the rule different?
Who gets to make the call: U Visas, Immigration Judges and the Seventh Circuit Court of Appeals By Patrick M. Kinnally International and Immigration Law, December 2017 Once a U-nonimmigrant has obtained such status he/she may adjust to lawful permanent resident status provided certain conditions are met. Sound like good policy? It's not, according to the administrators.
“Chipping away at a promise”: Pretrial diversion agreements and immigration convictions By Patrick M. Kinnally International and Immigration Law, October 2017 If an INA conviction is part of the pretrial diversion agreement or a statement during the PDA hearing that amounts to the requirements for such a conviction your client may become removable or inadmissible. In so doing the remedial object of the PDA for the immigrant defendant would be lost.

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