Friday, February 16, 2018

Amy St. Eve, U.S. District Judge for the Northern District of Illinois, and Michael Y. Scudder, Jr., Partner at Skadden, Arps, Slate, Meagher & Flom LLP, Nominated to the U.S. Court of Appeals for the Seventh Circuit

On February 12, President Donald Trump nominated Amy St. Eve, U.S. District Judge for the Northern District of Illinois, and Michael Y. Scudder, Jr., Partner at Skadden, Arps, Slate, Meagher & Flom LLP, to the United States Court of Appeals for the Seventh Circuit.

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Thursday, February 15, 2018

Supreme Court Decides When Clock Stops for State Claims


By E. King Poor (Partner, left), William A. Walden and Matthew A. Sloan (Associates), Quarles & Brady LLP

Joining state law claims in a federal suit is common. But until the Supreme Court decided Artis v. District of Columbia, 2018 WL 491524 (Jan. 22, 2018), this question remained unsettled: How much time does a plaintiff have to refile state law claims if all the federal claims are dismissed? In Artis, the Court provided a simple answer: a state statute of limitations is suspended while the federal case is pending and a plaintiff has the time remaining on that statute, plus 30 days, to refile.

Yet simple answers are not always the product of simple decisions. Here, in answering this narrow question of civil procedure, the Supreme Court split five-to-four. Justice Ginsberg authored a majority opinion relying on the textualism championed by the late Justice Scalia. Yet Justice Gorsuch’s dissent harkened back to the common law of the 1600s and argued that the majority’s position was not only contrary to the principles of federalism, but unconstitutional.

“Tolling” Means What the Text Says

Employment cases, like many federal suits, often join state law claims under a federal court’s “supplemental jurisdiction.” The Artis case followed that pattern. After being terminated from her job with the District of Columbia, the plaintiff brought suit in federal court and joined D.C. law claims in her suit. Later, the court dismissed the federal claims without deciding those brought under D.C. law.

Section 1367(d) of the Judicial Code (28 U.S. C. § 1367(d)) governs how much time a plaintiff has to refile in state court, after any federal claims are dismissed. It states that the time to refile in state court is “tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.”

Tuesday, February 13, 2018

Illinois Appellate Court, First District, Amends Local Rule 39, Now Requires Hard Copies of Briefs

The Illinois Appellate Court, First District, recently amended Local Rule 39.

Effective March 1, 2018, in addition to the requirement of electronically filed briefs, which will be considered the official original filed with the court, the First District will require six duplicate paper copies of briefs and any appendices to be filed with the court’s electronic file stamp within five days of the documents' e-filing acceptance date.

To see these local rules, please click here

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Thursday, January 25, 2018

Illinois Appellate Court, Second District, Amends Local Rules, Now Requires Hard Copies of Briefs


By Josh Wolff
Law Clerk to Hon. Eileen O'Neill Burke, Illinois Appellate Court, First District

The Illinois Appellate Court, Second District, recently amended Local Rule 101. Now, the Second District requires five hard copies of briefs be filed with the Clerk of the Court within five days of the briefs’ e-filing acceptance date.

Rule 101(c) now reads:

“Where a party files a brief electronically, the electronically filed brief shall be considered the official original. The party shall provide the Clerk’s Office with five duplicate paper copies, which shall be received in the Clerk’s Office within five days of the electronic notification generated upon acceptance of the electronically filed brief. Each paper copy shall be a printed version of the electronically filed brief, bearing the Clerk’s electronic file stamp, and shall be printed one-sided and securely bound on the left side in a manner that does not obstruct the text. The paper copies shall comply with all applicable Supreme Court Rules, including the color-cover requirement in Supreme Court Rule 341. A party shall not provide paper copies of any other materials filed electronically.”

The Second District also amended Rule 103 regarding motions for extensions of time, specifically adding subsection (a)(4) concerning information that must be provided in cases that might become moot pending the appeal. Now, the party requesting an extension must include “[i]n a criminal case, the status of the defendant’s sentence (where applicable), or, in any case that would become moot due to the passage of time on appeal, the date on which the appeal would become moot.”

To see these local rules, please click here

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Wednesday, January 24, 2018

Don't Miss Out on the ALA's February Event

On February 9, the ALA along with the Lesbian and Gay Bar Association of Chicago will host “Neutral Umpires and Honest Black Robes: What Is, and Is Not, Said at Supreme Court Confirmation Hearings,” featuring Professor Carolyn Shapiro, the former Illinois Solicitor General.

Professor Shapiro teaches at Chicago-Kent College of Law, where she founded and acts as co-director of its Institute on the Supreme Court of the United States. At the event, Professor Shapiro will discuss how senators and nominees to the Supreme Court have described the role of the Court and its justices during confirmation hearings.

The event will begin at noon and run until 1:30 p.m. at the Union League Club of Chicago, 65 West Jackson Boulevard. The Union League Club enforces a dress code, which can be found here.

Attendees will receive one hour of MCLE credit.

For more information about the event and to register, please click here

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Monday, January 22, 2018

Former Appellate Court Justice William Cousins Has Passed Away

The ALA regrets to inform you that former Appellate Court Justice William Cousins passed away on Saturday, January 20, 2018, at the age of 90.

Justice Cousins had an illustrious career, which included graduating from Harvard Law School, serving in combat in the Korean War, and working as a prosecutor and in private practice. Later in his career, he was elected as a Chicago alderman and a judge in the circuit court of Cook County, and eventually became a justice of the Illinois Appellate Court.

For more about Justice Cousins’ life, please click here.


Wednesday, January 10, 2018

Illinois Appellate Court: Plaintiffs' Failure to Meet Deadlines for Filing Notice of Appeal and Late Notice of Appeal Resulted in Loss of Appellate Jurisdiction

By Kevin R. Malloy
Partner, Forde Law Offices LLP

In Vines v. Village of Flossmoor, 2017 IL App (1st) 163339, the First District reconsidered its granting of a Rule 303(d) motion for leave to amend a notice of appeal, and dismissed an appeal as untimely. In the case, a fourteen year old boy was injured when a metal grate outside the Flossmoor Library gave way, and his parents sued the Village of Flossmoor and the Flossmoor Library. The trial court granted summary judgment to the Village and the Library. The notice of appeal was due December 14, 2016, but the plaintiffs did not file until December 21.

Under Illinois Supreme Court Rule 303(d), the plaintiffs then had within 30 days after the time for expiration of the time to file the notice of appeal, or until January 13, 2017, to file a motion for leave to appeal. No Rule 303(d) motion was filed by that date. After the 30 days expired, the Library moved to dismiss the appeal for lack of jurisdiction, and the plaintiffs then filed a “Motion to Amend” the December 21, 2016 notice of appeal. A panel of the First District (other than the panel that issued the opinion) denied the Library’s motion to dismiss and granted the plaintiffs’ motion to amend the late-filed notice of appeal.

In its opinion, the appellate court reversed its grant of the motion to amend. In doing so, the court first noted its independent duty to review its jurisdiction and that the filing of a timely notice of appeal is both mandatory and jurisdictional. In reversing its prior decision to grant the Rule 303(d) motion, the appellate court noted that, under the plain language of the rule, the requested amendment fell outside the 30-day grace period for civil appeals. The court remarked that “[i]f litigation is to have some finality, acts must be accomplished within the time prescribed by law.” Vines, 2017 IL App (1st) 163339, ¶ 11 (quoting Gaynor v. Walsh, 219 Ill. App. 3d 996, 1004 (2d Dist. 1991)).