Wednesday, April 18, 2018

The Illinois Supreme Court Has Appointed the Honorable John C. Griffin to the Illinois Appellate Court, First District


On April 17, 2018, the Illinois Supreme Court entered an order appointing the Honorable John C. Griffin to the Illinois Appellate Court, First District, effective May 2, 2018. Justice Griffin will be replacing Justice Simon, who has served on the court since 2012.

The order can be found 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.

Friday, April 6, 2018

Don’t Miss Out on the ALA’s Signature Luncheon Featuring Dahlia Lithwick of Slate


On Friday, April 27, the ALA will host its Signature Luncheon, featuring Dahlia Lithwick of Slate, who will discuss the current term of the United States Supreme Court, the current dynamics of the Court, as well as other matters of interest.

Ms. Lithwick is one of the most recognized and respected voices in national legal journalism. A senior editor at Slate and contributing editor at Newsweek, she graduated from Yale University and Stanford Law School. She clerked for Judge Procter Hug, Jr., of the United States Court of Appeals for the Ninth Circuit and practiced law in Nevada before joining Slate, where she writes the “Supreme Court Dispatches” and “Jurisprudence” columns and hosts the popular “Amicus” podcast. Her work has appeared in The New York Times, Harper’s, The New Yorker, and The Washington Post. In addition, she has appeared on CNN and ABC and is a regular guest of “The Rachel Maddow Show.” In 2013, she won the National Magazine Award for her reporting on the Affordable Care Act, and she has twice been awarded an Online Journalism Award for her legal commentary.

The event is sponsored by Baker McKenzie, Forde Law Offices LLP, Tabet DiVito & Rothstein LLC, and Winston & Strawn LLP. It will begin at noon and run until 1:30 p.m. at the Union League Club in Chicago (dress code must be followed). Attendees will earn one hour of MCLE credit.

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.

Thursday, April 5, 2018

Bright Line from Supreme Court: Consolidated Cases Remain Independent for Appeal


Partner, Quarles & Brady LLP

Going back to the early 1970s, federal courts have disagreed on a basic question of appellate procedure: If a case has been consolidated with others, does it remain independent when it comes to filing an appeal? The Supreme Court finally settled that question in Hall v. Hall, 2018 WL 1472897 (March 27, 2018) and did so with a unanimous and unequivocal “yes,” holding that a judgment in a consolidated case may be appealed immediately.

Important practical considerations flows from the Hall decision—namely, parties in consolidated cases cannot wait to appeal. The appeals clock begins when judgment is entered for any consolidated case, and not when all the consolidated cases have been finally decided.

Third Circuit Dismisses Appeal from a Consolidated Case

The Hall case arose from a family dispute over real estate in the U.S. Virgin Islands. A mother had a falling out with her lawyer son over property that he managed and she then transferred her property to a trust. The trust later sued her son and his law firm for mismanagement. After the mother died, her daughter became the successor trustee and continued the suit against her brother.  The brother then sued his sister individually and the individual and trust cases were eventually consolidated.

A single jury heard both cases. It rendered a verdict in favor of the brother in his individual case and against the sister in her trust case. But the verdict for the individual case was set aside for a new trial, while final judgment was entered against the sister in the trust case.

Tuesday, April 3, 2018

Three-Minutes Delay in E-Filing Post-Trial Motion Ends Appeal


By Joanne R. Driscoll 
Forde Law Offices LLP

While the advent of electronic filing has extended the time deadline within which jurisdictional filings can be made – from the end of business until 11:59 p.m. – counsel’s failure to allow enough time for uploading the filing before midnight can result in disastrous consequences.

In Peraino v. County of Winnebago, 2018 IL App (2d) 170368, decided on March 30, 2018, the Illinois Appellate Court, Second District, dismissed an appeal for lack of jurisdiction because a post-trial motion to reconsider the granting of a summary judgment motion was stamp-filed 12:03 a.m. on January 4, 2017. The motion for reconsideration was due on January 3, 2017.

On January 5, 2017, the plaintiff moved in the circuit court for leave to file his motion to reconsider nun pro tunc to January 3, 2017, contending that the I2File website would not upload his post-trial motion at 11:58 p.m. on January 3, 2017. The circuit court denied the motion, citing to local rule 22.01(N) (17th Judicial Cir. Ct. R. 22.01(N) (July 25, 2016)) and to provisions in the Illinois Supreme Court’s Illinois Electronic Filing User Manual (Ill. S. Ct., M.R. 18367 (eff. Feb. 3, 2014)) directed at technical failures experienced during electronic filing. The circuit court found neither rule applied because there were no technical defects in the software or electronic filing system, only user problems. The plaintiff appealed.

The appellate court dismissed the appeal, sua sponte, for lack of jurisdiction because the plaintiff’s failure to file a timely post-trial motion meant that his notice of appeal was due within 30 days of the summary judgment order (January 3, 2017), and the plaintiff did not move the appellate court for leave to file a late notice of appeal under Illinois Supreme Court Rule 303(d) (eff. Jan. 1, 2015). The appellate court also vacated the circuit court’s order, holding that the circuit court lost jurisdiction to consider the plaintiff’s request to backdate his motion to reconsider. Although not pivotal to its decision, the appellate court agreed that “technical failures” referenced in electronic filing rules pertain to the malfunction of the court’s hardware, software or telecommunications facility; it does not include the failure of the user’s equipment.

All may not be lost to the plaintiff, however, as the appellate court suggested one alternative still available – to request supervisory or other relief from the Illinois Supreme Court.

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, March 29, 2018

Illinois Supreme Court Commission on Professionalism’s “The Future Is Now” Conference: May 2


After a successful event in May 2017, the Illinois Supreme Court Commission on Professionalism is again hosting “The Future Is Now” Conference. On May 2, the Commission will host the conference focusing on innovations and practices impacting the delivery of legal services and the legal profession as a whole.

The conference will have ten speakers with each addressing different issues impacting the profession, including the practicality of artificial intelligence, legal technology like algorithms and data analytics, best practices for retaining diverse talent, equal justice as a bipartisan issue, criminal justice reform, and the entrepreneurial spirit. Illinois Supreme Court Chief Justice Lloyd Karmeier will deliver opening remarks about the importance of innovation and the need for lawyers to address new ways to better serve clients.

The conference will be held at Venue SIX10 (610 S. Michigan Avenue in Chicago), beginning at 10 a.m. and ending at 4:45 p.m. The complete conference schedule is posted on the event website.

The registration fee is $75 and will cover the cost of lunch, refreshments and a reception following the formal program. Registration is currently open; however, seating is limited. To register, please click here.

The conference will be approved for 5.0 hours of professional responsibility CLE credit in Illinois, including 0.5 hours of diversity CLE credit. To receive credit, attendees must complete conference feedback forms, which will be sent to participants via email along with their certificates of attendance after the event.

For additional questions and concerns, please email Lindsay Shaw (lindsay.shaw@2civility.org) or call her at (312) 363-6210.

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, March 28, 2018

South Asian Bar Association of Chicago Hosting Inaugural "Judicial Reception"


The South Asian Bar Association of Chicago will host its inaugural Judicial Reception on April 5 from 5:00 p.m. to 8:30 p.m. at the Kimpton Hotel Allegro (171 W. Randolph St. in Chicago). As part of the program, SABA will present an award to Hon. James Flannery, Presiding Judge of the Law Division, as well as honoring the South Asian judges in Cook County and the surrounding counties.

SABA was founded to advance the development and growth of a diverse group of legal professionals and foster a culture of service within the South Asian legal community and beyond. Since its inception, SABA has made significant strides to further these goals, including the formation and operation of one of the largest pro bono legal aid clinics in Chicago, located at the Indo-American Center.

In recent years, SABA has expanded its mentoring program to include approved CLE-Mentorship in Illinois. In addition, through volunteer programs and donations, SABA actively supports domestic violence shelters, organizations dedicated to developing leadership excellence in youth, and many other charitable organizations whose causes align with our mission. These efforts have allowed our member community to grow to over 600 legal professionals.

Tickets are $80 for SABA members and $100 for non-members. To purchase tickets, please visit: https://www.eventbrite.com/e/south-asian-bar-association-of-chicagos-judicial-reception-tickets-44045874396

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.

Friday, March 23, 2018

ALA Co-Sponsorship with the Cook County Bar Association for the "Judicial Reception"


The Appellate Lawyers Association is pleased to announce its co-sponsorship with the Cook County Bar Association for the "Judicial Reception." The event will be held on Tuesday, April 3, 2018, from 5:00 p.m. to 7:30 p.m. at the Fremont Chicago (15 West Illinois Street). This reception is an excellent social networking opportunity, aimed at exposing members of the public—including attorneys, politicians, academics, students, and others—to the Illinois judiciary in an informal setting. Last year, over 250 people were in attendance, including over 100 Illinois judges and justices.

Tickets are $65 for CCBA members and $100 for non-member guests, with opportunities for sponsorships at higher levels. Open bar and complimentary hors d’oeuvres are also included.

To purchase tickets and sponsorships, or to find out more information about the event, please visit: https://cookcountybar.org/events/judicialreception.

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.