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.


Justice Charles Freeman Retires From Illinois Supreme Court; Justice P. Scott Neville, Jr. Appointed to Fill Seat


On May 17, 2018, Justice Charles Freeman announced his retirement from the bench after a long and illustrious career in both public and private service. Justice Freeman was the first African-American to serve on the Illinois Supreme Court and retires after serving nearly 28 years as a justice of the Illinois Supreme Court.

Justice Freeman graduated from John Marshall Law School in 1962 after obtaining his Bachelor of Arts from Virginia Union University eight years earlier. He worked in private practice and public service prior to becoming a judge. In 1976, he was elected to the circuit court of Cook County. Ten years later, Justice Freeman was elected to the Illinois Appellate Court and, in 1990, he was elected to the Illinois Supreme Court where he has served ever since. Justice Freeman's retirement will be effective June 14.

The ALA congratulates Justice Freeman on a historic career.

With Justice Freeman’s retirement, the Illinois Supreme Court appointed Justice P. Scott Neville, Jr. to fill Justice Freeman’s seat, effective June 15 until December 7, 2020. Justice Neville has served as a justice of the Illinois Appellate Court since 2004 following four years as a judge in the circuit court of Cook County.

With Justice Neville being appointed to the Illinois Supreme Court, Judge Carl Anthony Walker of the circuit court of Cook County has been assigned to the First District Appellate Court until further order of the Illinois Supreme Court.

The ALA congratulates Justice Neville and Judge Walker.

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 4, 2018

"Cases Pending" Highlights Cases to be Heard During Illinois Supreme Court's May Term


Cases Pending, co-chaired by Gretchen Harris Sperry (left) and Catherine Basque Weiler, has been updated to discuss the Illinois Supreme Court's May Term, which begins Monday, May 14, 2018, with oral arguments scheduled for May 15-17, 2018 and May 22-23, 2018.  A total of 15 cases will be heard – 10 criminal and 5 civil.  The following 5 civil cases are scheduled for argument this term:

Oswald v. Beard, No. 122203: May 22

People ex rel. Schad, Diamond & Shedden v. My Pillow, Inc., No. 122487: May 22

American Family Mutual Insurance Co. v. Krop, No. 122556: May 22

Cassidy v. China Vitamins, LLC, No. 122873: May 23

Ameren Transmission Co. v. Hutchings, No. 122973 (cons.): May 23

Below is a summary for one of the civil cases, People ex rel. Schad, Diamond & Shedden v. My Pillow, Inc.  Summaries for this case and others pending with the Illinois Supreme Court can be found in our Cases Pending publication, accessible to ALA members on the ALA's website.

FALSE CLAIMS ACT – ATTORNEY FEES
No. 122487
People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow, Inc.

The issue in this appeal is whether a relator bringing a qui tam action is entitled to attorney fees under the Illinois False Claims Act (“the Act”) when relator is itself a law firm.

The relator brought a qui tam action under the Act alleging that the defendant failed to collect certain taxes as required by State law. The trial court found that the defendant violated the Act and awarded the relator damages and attorney fees, even though the relator, which is a law firm, represented itself in the suit.

Thursday, May 3, 2018

"Cases Pending" Highlights Cases to be Heard During Illinois Supreme Court's May Term


Cases Pending, co-chaired by Gretchen Harris Sperry (left) and Catherine Basque Weiler, has been updated to discuss the Illinois Supreme Court's May Term, which begins Monday, May 14, 2018, with oral arguments scheduled for May 15-17, 2018 and May 22-23, 2018.  A total of 15 cases will be heard – 10 criminal and 5 civil.  The following 11 criminal cases are scheduled for argument this term:

People v. Darien Harris, No. 121932: May 15

People v. Jerome Bingham, No. 122008: May 15

People v. Kirk Zimmerman (The Pantagraph, WGLT FM, and the IL Press Assoc., Intervenors), No. 122261: May 15

People v. Torrence Dupree, No. 122307: May 16

People v. Shane Harvey, No. 122325: May 16

People v. Ahmet Gocmen, No. 122388: May 16

People v. Derrick Bonilla, No. 122484: May 16

People v. Jennifer Nere, No. 122566: May 17

People v. Nelson Young, No. 122598: May 17

People v. Jafaria Deforrest Newton, No. 122958: May 17

Below is a summary for one of the criminal cases, People v. Ahmet Gocmen.  Summaries for this case and others pending with the Illinois Supreme Court can be found in our Cases Pending publication, accessible to ALA members on the ALA's website.

People v. Ahmet Gocmen

Defendant, Ahmet Gocmen, was arrested and charged with driving under the influence of drugs or combination of drugs (DUI drugs) under 625 ILCS 5/11-501(a)(4) (2015), and his driver's license was summarily suspended.  Defendant filed a petition to rescind the suspension, alleging that the officer did not have probable cause for the arrest.  The circuit court granted the petition, and the appellate court affirmed in a published split decision.

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.