Section Newsletters

Articles on Jurisdiction

Ninth Circuit removes potential barrier to federal jurisdiction over Motions to Compel Arbitration By John R. Schleppenbach Alternative Dispute Resolution, June 2010 While the existence of federal jurisdiction over a motion to compel arbitration remains far from certain,the recently decided case of Geographic Expeditions v. Estate of Lhotka makes it somewhat more attainable.
Central District of Illinois finds federal question jurisdiction over interstate based freight charge complaint By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2010 The U.S. District Court for the Central District of Illinois decided the case of Old Dominion Freight Lines, Inc. v. Old Colony Baking Company, Inc. earlier this year.
EEOC beats back challenge to its jurisdiction to issue administrative subpoenas By Paul E. Freehling Labor and Employment Law, April 2010 An employer has a greater chance of persuading a federal appeals court to hold part or all of an EEOC administrative subpoena by showing that compliance would be unduly burdensome, rather than arguing the subpoena is outside the EEOC's jurisdiction.
Circuit court had no jurisdiction to consider untimely filings By Robert T. Park Civil Practice and Procedure, December 2009 In Keener v. City of Herrin, 2009 WL 3212336 (Oct. 8, 2009), the city police arrested Chelsea Keener, an 18-year-old girl, for underage intoxication.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendants By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2009 A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
Retention of jurisdiction to enforce a settlement agreement By Champ W. Davis, Jr. & Christine Polk Mohr Alternative Dispute Resolution, December 2008 Attorneys often settle cases with dismissal orders which provide for dismissals “with prejudice” but which also provide that the court shall retain jurisdiction to enforce the settlement.
Twenty years since Asahi: Reviewing the still-uncertain “stream of commerce” theory By Seth L. Ellis Civil Practice and Procedure, May 2008 In 1980, the Supreme Court of the United States recognized the “stream of commerce” theory for obtaining personal jurisdiction over an out-of-state corporation.
Plaintiff’s motion for remand after defendant’s diversity jurisdiction removal By Glenn R. Gaffney Federal Civil Practice, December 2007 For those trying to avoid Federal jurisdiction, the law is on your side.
Caveat emptor: Your non-Illinois purchase might mean no Illinois jurisdiction By J. Matthew Pfeiffer Civil Practice and Procedure, June 2007 A recent opinion from the Second District of the Appellate Court of Illinois puts Illinois residents on notice to be careful when it comes to transacting business with non-Illinois companies.
What’s an attorney to do? Ensuring federal jurisdiction over settlement agreements in light of recent Seventh Circuit Cases By Morton Denlow Federal Civil Practice, June 2007 This article identifies the issues raised by the Seventh Circuit’s recent decisions, describes their apparent conflict with Kokkonen and other Seventh Circuit cases, and tries to answer the question, “What’s an attorney to do?”
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow Civil Practice and Procedure, March 2007 In the recent decision of KSAC Corporation v. Recycle Free, Inc., the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow General Practice, Solo, and Small Firm, November 2006 In the recent decision of KSAC Corporation v. Recycle Free, Inc., 364 Ill.App.3d 593, 846 N.E.2d 1021, 301 Ill.Dec. 418 (2d Dist. 2006), the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
US Supreme Court defines the “probate exception” to limits on federal jurisdiction By Philip E. Koenig Trusts and Estates, May 2006 It is not very often that probate law, a Hollywood figure and the United States Supreme Court converge upon one another.
The contract for hire: The exclusive test for determining jurisdiction By Cameron B. Clark Workers’ Compensation Law, March 2006 This article will focus on the Supreme Court’s analysis of the issue presented before it. For a full discussion of the facts surrounding the Mahoney decision, please refer to the March 2005  issue of the ISBA Worker’s Compensation Law Newsletter, Vol. 42, No. 3. 
From the bench: Federal jurisdiction By Morton Denlow Federal Civil Practice, November 2003 You must make sure there is federal jurisdiction before filing a lawsuit in federal court. Federal courts are courts of limited jurisdiction. They must have both subject-matter jurisdiction and personal jurisdiction.
“The summer of jurisdiction” By Timothy J. Howard Federal Civil Practice, November 2003 For those who do not remember, the “Summer of Love” took place in 1967 and was intended to be dedicated to a celebration of music, peace and love (sex).
Case note: Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp.— Jurisdicition under Illinois’ long-arm statute Tort Law, May 2003 In Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp, d/b/a "Adams Mark, the Hotel of St. Louis," 336 Ill.App.3d 572, 784 N.E.2d 834 (4th Dist. 2002), plaintiff's car was damaged while in valet parking at defendant's hotel in St. Louis, Missouri.
The Multiparty, Multiforum Trial Jurisdiction Act of 2002 By James E. Pfander Civil Practice and Procedure, February 2003 On November 2, 2002, President Bush signed into law the Multiparty, Multiforum Trial Jurisdiction Act of 2002.
Multi-jurisdictional practice exposures By Thomas P. Sukowicz Corporate Law Departments, December 2002 Recently the issue of lawyers engaging in the practice of law in jurisdictions in which they are not licensed has come to the forefront.
Appeal strikes out: Veazey v. Doherty By J.A. Sebastian Administrative Law, April 2002 Whether construed as a jurisdictional defect, or viewed as nonjurisdictional, dismissal of an action to review a final decision of an administrative agency may result unless the complaint for review complies with the procedural requirements of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 3-113).

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