If you’re filing electronically, and it’s after 4:30 p.m., what is the official date of the filing? Is it the actual date, albeit after the clerk’s office is closed, or is it the next day? The answer can make a big difference. Either you’re late or you’re on time. Either…
A senatorial candidate sued a columnist and a newspaper for libel. The trial court dismissed the case, and the candidate appealed. After the appeal was filed, the candidate voluntarily dismissed the columnist, but maintained the appeal against the newspaper. A mandate was issued with respect to the dismissal of the…
The Illinois Supreme Court ordered rule amendments today that affect the sticky question of the timely filing of a notice of appeal. That’s important because a notice of appeal must be filed timely to gain appellate jurisdiction. The court amended Illinois Supreme Court Rule 303, which sets out the general…
Strategic Energy asked the Illinois Commerce Commission for authority to act as an alternative retail electrical supplier (ARES). The electrical workers union opposed Strategic, and over Strategic’s objection was allowed to intervene. The Commission ultimately granted Strategic’s application to operate as an ARES. All parties appealed, and moved to dismiss…
Two defendants had nearly identical names. One was Town of Fort Sheridan Company (TFSC); the other was Town of Fort Sheridan Operating Company (TFSOC). Plaintiff originally sued TFSC only. Later, but without leave of court, plaintiff filed an amended complaint that additionally named TFSOC. TFSOC moved to dismiss on the…
Richard Magley gave security interests to secure a number of loans. The Small Business Administration was guarantor of some of the loans, including two advanced by Cadleway Properties and Ossian Bank. The SBA removed the entire dispute to federal court. Cadleway and Ossian both claimed to be the beneficiary of…
Andrew Sallenger suffered from mental illness. He resisted an arrest and died during the altercation with police. His estate sued the police under 42 U.S.C. § 1983, including a claim for use of excessive force in violation of the Fourth Amendment. The police officers lost their summary judgment motion that…
Luis Padilla was a lawful permanent resident. He pleaded guilty to charges of criminal sexual abuse and obstruction of justice in Illinois. He left the U.S., and when he attempted to return in May 2000 the federal government began removal proceedings because of his criminal record. Those proceedings concluded in…
A condominium association sued the condo developer for an accounting of expenses incurred before turnover to the board. The trial court granted summary judgment to the developer and denied the association’s cross-motion for summary judgment. The association appealed from the summary judgment given to the developer, but did not file…
Ikama-Obambi, the daughter of an activist in an opposition party in the Republic of Congo, filed an application for asylum. But the application was filed more than one year after she entered the United States, thus violating the filing deadline. There are exceptions to the one-year rule for changed or…