On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.
By Jessica Livieres, Andrew Cho, & Hon. E. Kenneth Wright Jr.
May
2014
Article
, Page 242
This article explores the background and purpose of Federal Rule 68 and how to address its many shortcomings should Illinois adopt a similar offer-of-judgment provision.
On August 16, 2013, the First District Appellate Court held that a nonvested discretionary bonus accrued during a marriage, but received after entry of a judgment of dissolution of the marriage, was not marital property.
Howard Mayfield ("Mayfield") and Shannon Dykes ("Dykes") divorced in 2003. Dykes received primary custody of their two children, and Mayfield was ordered to pay $158.50 per week in child support.
Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.
Most settlement agreements ignore an important risk - that the defendant will file for bankruptcy shortly after settlement. Here's how to protect plaintiffs.
When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.
he appropriate valuation date of marital property in a bifurcated dissolution hearing is the date of trial under the Illinois Marriage and Dissolution Act, according to a November 9, 2011, Illinois Fourth District Appellate Court ruling.
On March 19, 2010, the Appellate Court of Illinois, First District, affirmed the decision of the Circuit Court of Cook County, granting the defendant's motion to dismiss an entire action stemming from a car accident, on the basis that the settlement between the plaintiff and the agent extinguished the alleged vicarious liability claims against the other named defendant.
It's common to accommodate Medicare liens in personal injury liability claims. But must litigants also protect Medicare from future medical expenses? The author explores the issue.
A spouse's nonmarital estate can be reimbursed for contributions to the marital estate - and vice versa - but determining the value of those contributions can be tricky.
The Illinois Supreme Court held in Ready that settling defendants are excluded from the joint-and-several-liability equation, leaving nonsettling defendants at risk of higher payout.
The supreme court holds that good-faith settling tortfeasors can't be included in apportioning fault after verdicts to determine joint and several liability.
On May 28, 2008, the Illinois Appellate Court, Third District, affirmed the judgment of the Circuit Court of Peoria County denying petitioner's request for attorney fees and granting petitioner's rule to show cause and to enforce judgment.
Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.
On August 23, 2006, the Illinois Appellate Court, First District, affirmed in part, reversed in part, and remanded for a retrial where the Circuit Court of Cook County held that settling defendants to a personal injury action were not to be considered during the jury's apportionment of fault.
