Wednesday, July 11, 2018

D.C. Circuit Judge Kavanaugh nominated for U.S. Supreme Court


D.C. Circuit Court Judge Brett Kavanaugh has been nominated to replace retiring Justice Anthony Kennedy on the Supreme Court of the United States.

Judge Kavanaugh was appointed to the D.C. Circuit Court of Appeals in 2006, and is a graduate of Yale Law School.

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, June 28, 2018

United States Supreme Court Justice Anthony Kennedy to Retire Effective July 31

United States Supreme Court Justice Anthony Kennedy has sent a letter to President Donald Trump, informing the president that he will retire from the High Court on July 31.

President Trump has stated that he will select Justice Kennedy's replacement using a list he initially created during his 2016 presidential campaign. The list includes Judge Amy Coney Barrett of the United States Court of Appeals for the Seventh Circuit, as well as several other United States appellate court judges, multiple state supreme court justices, and a current United States senator. 

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, June 18, 2018

After Dismissing Appeal For Lack of Jurisdiction, Appellate Court Admonishes Attorney for “Wild And Unsubstantiated” Statements Made in Brief Aimed at Court and Opposing Counsel


Levin Ginsburg

In Board of Managers of Northbrook Country Condo. Ass'nv. Spiezer, the Board of the Northbrook Country Condominium Association filed a forcible entry and detainer action against June Spiezer, as trustee of the June Spiezer Revocable Trust, seeking possession and common expenses owed on her condominium unit. 2018 IL App (1st) 170868, ¶¶ 1, 6. After the trial court entered a default judgment and order of possession in the Board’s favor, her son, Joseph Spiezer, successfully moved to vacate the default judgment and order of possession. Id. at ¶ 6.  Joseph then moved to quash service, which the trial court denied, finding that Joseph submitted to the court’s jurisdiction by filing the motion to vacate. Id. at ¶¶ 1, 6. After Joseph, as trustee of the June Spiezer Trust, quitclaimed the condominium unit to himself, the trial court entered another order of possession in favor of the Board, which Joseph timely appealed. Id. ¶¶ 2, 7. That appeal was later dismissed for want of prosecution. Id., citing Board of Managers of Northbrook Country Condominium Ass'n v. Spiezer, No. 1–13–0573 (Aug. 28, 2013) (unpublished summary order under Illinois Supreme Court Rule 23(c)).

Nearly three years later, Joseph filed a section 2-1401 petition to vacate the second order of possession on the grounds that the order was void because his mother was deceased when the complaint was filed, and her beneficiaries were not named as parties to the suit. Id. ¶ 8. After voluntarily withdrawing the section 2–1401 petition, Joseph filed a “motion to intervene” in the forcible entry and detainer case, effectively re-arguing his section 2-1401 petition and asserting that he should be allowed to intervene to present a motion for an accounting and obtain judgment in his favor for rental income the Board received on the property after entry of the order of possession. Id. Following several agreed continuances and a substitution of attorneys for Joseph, Joseph filed another motion seeking an accounting and asking the trial court to vacate the judgment for possession. Id. at ¶ 9. The trial court dismissed Joseph's motions for lack of jurisdiction. Id.

Wednesday, June 13, 2018

Illinois Supreme Court Rule Amendments Impact Forfeiture of Points and Oral Argument Procedure


On May 25, 2018, the Illinois Supreme Court amended Civil Appeals Rules 341 and 352.

Rule 341 – Points not argued are forfeited, not waived.

Rule 341 was changed slightly
http://illinoiscourts.gov/SupremeCourt/Rules/Amend/2018/341_052518.pdf

In subsection (h)(7), the rule previously provided that:

“Argument, which shall contain the contentions of the appellant and the reasons therefor, with citation of the authorities and the pages of the record relied on. Evidence shall not be copied at length, but reference shall be made to the pages of the record on appeal where evidence may be found. Citation of numerous authorities in support of the same point is not favored. Points not argued are waived and shall not be raised in the reply brief, in oral argument, or on petition for rehearing.”

The amended subsection (h)(7) now provides that:

“Argument, which shall contain the contentions of the appellant and the reasons therefor, with citation of the authorities and the pages of the record relied on. Evidence shall not be copied at length, but reference shall be made to the pages of the record on appeal where evidence may be found. Citation of numerous authorities in support of the same point is not favored. Points not argued are forfeited and shall not be raised in the reply brief, in oral argument, or on petition for rehearing.”

This change reflects the appropriate usage of the terms “waiver” and “forfeiture.” Waiver is the intentional relinquishment of a known right, i.e., an intentional act, whereas forfeiture is the failure to make a timely assertion of a right. Gallagher v. Lenart, 226 Ill. 2d 208, 229 (2007). Litigants who fail to appreciate the distinction between the two concepts in their briefs risk criticism. See, e.g., Mich. Wacker Assocs., LLC, v. Casdan, Inc., 2018 IL App (1st) 171222, ¶ 30 n.3 (noting that, when both parties on appeal raised numerous instances of waiver, that “[t]he parties have failed to differentiate between the concepts of waiver and forfeiture.”).

Rule 352 – The Court must now specify why oral argument is not necessary, and oral argument is required if one justice on the panel requests it.

Rule 352 was also changed, but substantially
http://illinoiscourts.gov/SupremeCourt/Rules/Amend/2018/352_052518.pdf

In subsection (a), the rule previously provided that:

“After the briefs have been filed, the court may dispose of any case without oral argument if no substantial question is presented, but this power should be exercised sparingly.”

The amended subsection (a) now provides that:

“After the briefs have been filed, the court may dispose of any case without oral argument if no substantial question is presented, but this power shall be exercised sparingly and only upon the entry of a written order stating with specificity why such power is being exercised in the affected case. Notwithstanding the foregoing, oral argument shall be held in any case in which at least one member of the panel assigned to the case requests it.”

This change appears to reflect a desire by the Illinois Supreme Court to have the Illinois Appellate Courts hold more arguments. Instead of a generic oral argument waiver order, the amendment seems to require a more specific oral argument waiver order detailing why argument won’t be held in a certain case. Additionally, the rule now makes it clear that oral argument must occur in a case if one justice requests it regardless of whether he or she is the authoring justice.


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.

Tuesday, June 5, 2018

Former ALA President Michael Scodro and Current ALA Member Carolyn Shapiro Discuss "Most Controversial Cases" of the Current Term of the United States Supreme Court on Chicago Tonight

Former ALA President and Illinois Solicitor General Michael Scodro, now a partner at Mayer Brown, as well as current ALA member and former Illinois Solicitor General Carolyn Shapiro, now an associate professor of law at Chicago-Kent College of Law, appeared on Chicago Tonight recently to discuss the "Most Controversial Cases" of the current term of the United States Supreme Court.

The discussion included the recent decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which held that the Colorado Civil Rights Commission’s actions of assessing a cake shop owner’s reasons for refusing to create a cake for a same-sex couple’s wedding celebration violated the free exercise clause, and Collins v. Virginia, which held that the Fourth Amendment’s automobile exception does not allow the warrantless entry of a home or its curtilage in order to search a vehicle therein. Additionally, the panel discussed other pending cases such as Janus v. AFSCME, involving union fair-share dues, and Gill v. Whitford, involving Wisconsin’s redistricting plan, as well as the Court’s denial of a petition for certiorari in Planned Parenthood of Arkansas v. Jegley, a case involving a challenge to an Arkansas law regulating medication abortions.



If the embedded video does not work, you may watch here.

Other panelists included Andy DeVooght, a partner at the firm Loeb and Loeb, and Daniel Hemel, assistant professor at the University of Chicago law school.

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, May 25, 2018

Seventh Circuit Roundtable Roundup

By Margaret A. Manetti,
Codilis & Associates, P.C.

The Appellate Lawyers Association hosted the judges, administrators, and mediators of the United States Court of Appeals for the Seventh Circuit at its annual roundtable discussion and luncheon at the Union League Club of Chicago on May 15, 2018.

The Court’s newest members, Judge Michael Brennan, Judge Michael Scudder, and Judge Amy St. Eve, joined the luncheon. Following tableside discussions with 11 judges from the Court, Deputy Clerk Chris Conway addressed new court rules concerning access to the record and a new timing and lighting system to be used during oral arguments. Next, a panel featuring Judge Michael Kanne, Judge Diane Sykes, and Judge Amy Barrett spoke about appellate practice, with ALA President Evan Siegel moderating the discussion.

The panel of judges described their individual methods on preparing for oral argument and the involvement of their law clerks. Judge Sykes described how she chaired a committee that led the Court to introduce a new policy allowing oral arguments to be video-recorded at the request of counsel or the public. And Judge Kanne, who has served on the Court for 31 years, noted that one of the most important issues facing the Court and appellate community is protecting pro se litigants’ rights and obtaining counsel to represent them.

The ALA congratulates Judge Brennan, Judge Scudder, and Judge St. Eve and expresses its appreciation to the entire Court and staff for their participation in the luncheon.

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, May 18, 2018

Appellate Law Employment: Chief Attorney - Compliance, Policy & Appeals with the Chicago Transit Authority


The Chicago Transit Authority is seeking an attorney to work in the areas of compliance, policy and appeals. The ideal candidate will have at least seven years of legal experience, with at least three of those years related to appellate, policy, or compliance work. The attorney will handle the CTA’s appellate cases in both state and federal courts, from briefing the case to arguing it. In addition to the appellate work, the attorney will draft internal regulatory materials and provide legal advice regarding compliance issues.

More information about the position and how to apply 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.