Thursday, April 20, 2017

Don't Miss Out on the ALA's May Events

On May 10, the ALA and the Sangamon County Bar Association will co-sponsor a roundtable luncheon and panel discussion featuring the Justices of the Illinois Appellate Court’s Fourth District. Attendees at the luncheon will have the opportunity to speak with the justices about appellate practice in an informal setting. The event will take place at Maldaner's Restaurant, 222 South Sixth Street in Springfield, beginning at noon and ending at 1:30 p.m.
 
On May 19, the ALA will host the same event featuring the Justices of the Illinois Appellate Court’s Fifth District. The event will take place at The Gateway Center, 1 Gateway Drive in Collinsville, beginning at noon and ending at 2 p.m.
 
Attendees to the luncheon will receive one hour of MCLE credit.
 
Following each luncheon, Tyler Technologies will provide an e-filing presentation, covering such topics as: (1) filing fees; (2) the Illinois Supreme Court mandate requiring e-filing; (3) implementation of the mandate around the State; (4) the mechanics of e-filing; and (5) third-party vendors who can be retained to provide e-filing services to the bar. The event will run from 1:45 p.m. until 3:15 p.m. in Springfield and from 2:15 p.m. until 3:45 p.m. in Collinsville.
 
This presentation is free to attendees, including those who wish to attend only the e-filing presentation.
 
Attendees to the e-filing presentation will receive 1.5 hours of MCLE credit.

Tuesday, April 11, 2017

Former ALA President Michael A. Scodro Discussed the Confirmation of Judge Neil Gorsuch to the United States Supreme Court on Chicago Tonight

Former ALA President and Illinois Solicitor General Michael A. Scodro, now a partner at Mayer Brown, appeared on Chicago Tonight last night to discuss the confirmation of Judge Neil Gorsuch, formerly of the United States Court of Appeals for the Tenth Circuit, to the United States Supreme Court.


If the embedded video does not work, you may watch 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, April 10, 2017

First District Appellate Court Finds that Supreme Court Rule 306(a)(5) Does Not Grant Review of Orders Involving Temporary Child Support and Maintenance

By Kevin R. Malloy
Partner, Forde Law Offices LLP

Can the appellate court allow a Rule 306 interlocutory appeal of a temporary order setting child support and maintenance payments? After first doing so, the First District took a closer look and decided that it could not, and thus dismissed an appeal for lack of jurisdiction in the case of In reMarriage of Dougherty, 2017 IL App (1st) 161893.

Rule 306(a)(5) allows parties to petition for leave to appeal from “interlocutory orders affecting the care and custody of or the allocation for parental responsibility for unemancipated minors.” Ill. Sup. Ct. R. 306(a)(5) (emphasis added). At issue in In re Marriage of Dougherty was whether temporary orders entered by the trial court awarding child support and spousal maintenance could be appealed under that Rule. No issues were raised regarding custody.

After the appellate court had granted the petitioner’s petition for leave to appeal, the respondent moved for reconsideration and/or to dismiss for lack of jurisdiction. The court took the motion with the case. In its opinion, after first noting its obligation to consider its jurisdiction at any time, the appellate court framed the jurisdictional issue as whether the phrase “orders affecting the care and custody” of minor children in Rule 306(a)(5) referred only to orders relating to the custody of minor children. The court held that it does, and dismissed the appeal.

The petitioner had argued that the temporary child support order concerned the “care” of the child, as did maintenance, since it affected the financial circumstances of the custodial parent. But the petitioner did not cite any relevant authority to support his position. In contrast, the First District pointed to a number of sources to support its construction of Rule 306(a)(5).

Wednesday, March 29, 2017

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

After a successful event in April 2016, the Illinois Supreme Court Commission on Professionalism is again hosting “The Future Is Now” Conference. On May 18, 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 Commission will host nine speakers with each addressing different issues impacting the profession, including legal insurance, online dispute resolution, alternative fee arrangements, legal project management, competency-based learning, immigration services, and practice management tools that can make attorneys more competitive in the current legal climate.
 
The conference will be held at the Art Institute Rubloff Auditorium (230 South Columbus Drive in Chicago), beginning at 10 a.m. and ending at 3:30 p.m.
 
The conference will be broken up into four sessions. Each session will consist of two to three talks followed by a town hall meeting where attendees will have expanded opportunities to question, comment, and react to each of the speaker talks. The complete conference schedule is posted on the event website.
 
The registration fee is $75 and will cover the cost of a light breakfast, lunch, and refreshments. Registration is currently open; however, seating is limited. Last year, the conference reached capacity and opened up a waiting list more than one month prior to the event.
 
The conference will be approved for 5.0 hours of professional responsibility CLE credit in Illinois. 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.

Tuesday, March 28, 2017

Don't Miss Out on the ALA's April Events

On Tuesday, April 4, the ALA will host a roundtable luncheon and panel discussion featuring the Justices of the Illinois Appellate Court’s Second District and the Second District’s Research Director. Attendees at the luncheon will have the opportunity to speak with the justices about appellate practice in an informal setting. The event will take place in the Heritage Ballroom of the Centre of Elgin in Elgin, beginning at noon and ending at 1:30 p.m.

Attendees will receive one hour of MCLE credit.

Following the luncheon, Tyler Technologies will provide an e-filing presentation, covering such topics as: (1) filing fees; (2) the Illinois Supreme Court mandate requiring e-filing; (3) implementation of the mandate around the State; (4) the mechanics of e-filing; and (5) third-party vendors who can be retained to provide e-filing services to the bar.

This presentation is free to attendees, including those who wish to attend only the e-filing presentation.

Attendees will receive 1.5 hours of MCLE credit.

On Friday, April 21, the ALA will host a luncheon featuring Erwin Chemerinsky, renowned lecturer on the United States Supreme Court and the Dean of the University of California, Irvine School of Law. Dean Chemerinsky will discuss the United States Supreme Court’s current docket and other topical issues on the High Court.

The event will take place at the Union League Club in Chicago, beginning at noon and ending at 1:30 p.m.

Attendees will receive one hour of MCLE credit.

Thursday, March 23, 2017

Seventh Circuit Clarifies Jurisdiction over Appeals from Orders in Ancillary Actions

By Katherine A. Grosh
Partner, Beermann Pritikin Mirabelli Swerdlove LLP


In P.H. Glatfelter Co. v. Windward Prospects Ltd., 847 F.3d 452 (7th Cir. 2017), the Seventh Circuit addressed three total appeals—two taken by P.H. Glatfelter Co. (Glatfelter) arising out of discovery-related orders and one cross-appeal taken by non-party subpoena respondent Windward Prospects, Ltd. (Windward), who sought costs and fees from Glatfelter under Federal Rule of Civil Procedure 37—all three of which the Seventh Circuit dismissed for lack of jurisdiction.

The underlying case involved an ongoing multi-party environmental cleanup being performed on the Lower Fox River in Wisconsin pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under CERCLA, the parties responsible for creating the hazard and potentially responsible parties (PRPs) may be liable for the full costs of remediation. Glatfelter, 847 F.3d at 453-54.

Paper manufacturer Appvion, Inc. (Appvion), a PRP, sued other PRPs, including Glatfelter, in the Eastern District of Wisconsin, to recover the cleanup costs it incurred and to require other PRPs to pay for future remedial work. Id. at 454. Glatfelter sought discovery from Windward, an English entity conducting Appvion’s defense of the CERCLA claims and managing its cleanup operations, relating to Appvion's costs and possible offsets from insurance, settlements or indemnification payments in connection with the underlying cost recovery action. Id.

When Glatfelter could not obtain compliance with the subpoena it attempted to issue to Windward, it instituted an ancillary proceeding in the District of Massachusetts. Id. at 455. In addition to seeking an order compelling Windward to respond to the subpoena, Glatfelter sought to transfer the case to the Eastern District of Wisconsin, where the main cost recovery action was pending. Id.

Wednesday, March 22, 2017

Former ALA President and Illinois Solicitor General Michael A. Scodro and Former Illinois Solicitor General Carolyn Shapiro on Chicago Tonight to Discuss Judge Neil Gorsuch Confirmation Hearings

Former ALA President and Illinois Solicitor General Michael A. Scodro, now a partner at Mayer Brown, and Former Illinois Solicitor General Carolyn Shapiro, now a professor at Chicago-Kent College of Law, appeared on Chicago Tonight last night to discuss the United States Supreme Court confirmation hearings for Judge Neil Gorsuch, current judge for the United States Court of Appeals for the Tenth Circuit.


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