Thursday, July 23, 2015

Court Warns Litigants to Address Errors in District Court Final Orders Below


By Irina Y. Dmitrieva
Assistant Corporation Counsel, Appeals Division, City of Chicago Department of Law

In Bell v. Taylor, No. 14-3099 (7th Cir. June 29, 2015), the Court of Appeals for the Seventh Circuit admonished litigants that, rather than embarking on a lengthy appellate process and risking dismissal for lack of appellate jurisdiction, they should bring inadvertent errors in district courts’ final judgment orders first to the attention of a district court judge, so that the errors may be promptly corrected. In Bell, the Seventh Circuit dismissed for lack of appellate jurisdiction an appeal in a copyright infringement case, where the district court’s purported final judgment order failed to address the copyright owner’s outstanding request for declaratory and injunctive relief. Id. at 7-8.

Saturday, July 18, 2015

Scribes Awards Luncheon Coming to Chicago

By Charlie Ingrassia
Associate, Adler Murphy & McQuillen LLP

On August 1, 2015, Scribes, The American Society of Legal Writers, will host its annual awards luncheon in Chicago during the American Bar Association's annual meeting. The luncheon will be held at the Swissรดtel, and Brian A. Garner, editor-in-chief of Black's Law Dictionary and author of several books on legal writing, will give the keynote address. Garner will also present the Scribes Lifetime Achievement Award to Lord Woolf, who was the Lord Chief Justice of England and Wales from 2000 until 2005. Among his many contributions to the art of legal writing, Lord Woolf authored the Woolf Reforms, which has simplified the legal vocabulary in the United Kingdom.

Also during the luncheon, Justice Michael B. Hyman of the Appellate Court, First District, will be installed as president of the Scribes organization.

For more information 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.

Thursday, July 9, 2015

Illinois Supreme Court to Conduct Public Hearing on Proposed Rule Changes



By Stacey Mandell
Law Clerk to Hon. Susan F. Hutchinson, Illinois Appellate Court, Second District


On Wednesday, July 22, 2015, the Illinois Supreme Court will conduct a hearing in Chicago regarding changes to its Rules. This hearing, which is open to the public, will take place at 10 a.m. in Room C-500 of the Michael A. Bilandic Building at 160 N. LaSalle Street. The proposed amendments must be approved by the Illinois Supreme Court before they can take effect. Those rules pertaining to appellate practice include the following:


The proposed amendment to Rule 308 seeks to extend the time for filing an application for leave to appeal from 14 days to 30 days after the entry of the certified question in the trial court.


The proposed amendment to Rule 324 seeks to require the clerk of the circuit court to accept for inclusion in the record any pleading that carries an original filing stamp of the clerk and that notice of filing be given to all parties of record.


The proposed amendment to Rule 335 seeks to provide that a petition for review be filed in the appellate court within 30 days from the date that a copy of the order or decision sought to be reviewed was served upon the party affected by any order or decision of an administrative agency.


The proposed amendment to Rule 341 seeks to limit appellant and appellee briefs to no more than 14,000 words, instead of the current 50-page limit. Briefs from cross-appellants and cross-appellees would be similarly changed from a page limit to a word count.


The proposed amendment to Rule 345 seeks to prohibit briefs of amicus curiae submitted in support of petitions for leave to appeal to the Illinois Supreme Court.


For more information, please see the official notice of the hearing or visit the Supreme Court's website.


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, July 6, 2015

Attorney General Administers Oath of Office to New ALA President Michael Scodro

ALA Officers (l-r): Evan Siegel, Secretary;
Joanne Driscoll, Vice President; Michael Scodro,
President; Steven Pflaum, Past President; and
Clare Quish, Treasurer.
On June 11, 2015, the Association installed Michael Scodro,  former law clerk for Justice Sandra Day O'Connor of the United States Supreme Court, former Illinois Solicitor General, and current partner at Jenner & Block LLP, as its 48th President. Held at the Union League Club in Chicago, the luncheon was a festive occasion that also celebrated outgoing President Steven F. Pflaum's many accomplishments over the prior bar year; and featured the Installation of Clare J. Quish as the the Association's new Treasurer, and Don. R. Sampen, Elizabeth Butler, Kimberly Jansen, and Beth A. Bauer as Directors.

Outgoing president Steven F. Pflaum opened the luncheon by welcoming the many distinguished guests in attendance, which included judges from the United States Court of Appeals for the Seventh Circuit, the United States District Court for the Northern District of Illinois, the Illinois Supreme Court, the Illinois Appellate Court, and the Cook County Circuit Court. Also in attendance were eight judges from the Republic of Gabon, including the equivalent of that country's Chief Justice. Finally, Pflaum recognized some very special guests - Michael Scodro's family, including his wife, Tracey, and their children, as well as Scodro's former boss, Illinois Attorney General Lisa Madigan.

President Pflaum then recapped the many successes over the past year, including unique luncheons that covered a wide-ranging topics germane to appellate advocacy and writing, and the ALA's commitment to improving the administration of justice. Pflaum noted that the Association had established an exploratory committee to help assist pro se parties on appeal in the First Appellate District and that the Association had implemented a program focused on playing a constructive role in reforming how reviewing court jurists in Illinois are selected. In his closing remarks as president, Pflaum noted that Michael Scodro was both incredibly accomplished and down to earth, and that he always brings out the best in people.
Illinois Attorney General Lisa Madigan
administering the oath of office to Michael Scodro.

Thereafter, Attorney General Madigan administered the oath of office. In introducing President Scodro, the Attorney General noted that his resume is "triple platinum" and that his talents match his credentials. The Attorney General recalled that President Scodro served as a zealous appellate advocate, and that he argued the most complex cases before the highest courts. Most important, the Attorney General noted, is that, in addition to his many talents, President Scodro is "incredibly down to earth."

After being sworn in, President Scodro thanked past President Pflaum and the Attorney General, and also thanked his family. In doing so, President Scodro recalled some pithy advice that his son, who was then 7 years old, shared as Scodro prepared for an oral argument before the United States Supreme Court: "Dad, don't screw this up."

ALA President Michael Scodro
President Scodro shared his vision for the upcoming bar year. Scodro noted that the Association is an intimate bar group with members who are dedicated to the craft of appellate advocacy. The Association and its members continue to strive for creative ways to hone their unique skills and to also improve the system. Toward that end, the Association will continue to host many informative events throughout the state focusing on appellate practice and procedure; continue its commitment to improving the system by reaching out to law students and helping pro se litigants navigate the system; and continue to learn from our colleagues on the bench and how we, as practitioners, can improve. In closing, President Scodro remarked that "We've done a lot, but we still have a lot to do."


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.