Section Newsletters

Articles From Robert Handley

Can Punitive Damages Become Compensatory Damages? By Robert Handley Civil Practice and Procedure, July 2023 A summary and analysis of Midwest Sanitary Service, Inc., et al. v. Sandberg Phoenix & Von Gontard, P.C., et al.
Personal Injury Plaintiff Fails to Disclose Lawsuit in Chapter 13 Bankruptcy Petition By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2023 A summary and analysis of Duniver v. Clark Material Handling Co., et al.
What Is the Duty to Protect a Known Trespasser From an Open and Obvious Danger? By Robert Handley Civil Practice and Procedure, January 2023 A summary of Quiroz v. Chicago Transit Authority, in which the court considered whether the Chicago Transit Authority owed a duty of care to the plaintiff's decedent, who was struck by train.
Appellate Court Dodges an Interesting Question: Kallal v. Lyons By Robert Handley Civil Practice and Procedure, May 2022 A summary and analysis of Kallal v. Lyons.
Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp. By Robert Handley Civil Practice and Procedure, February 2021 A summary and analysis of Michael Konewko v. Advocate Health & Hospitals Corp.
Plaintiff Lacks Capacity to Sue: Is the Judgment Void?: Askew Insurance Group, LLC v. AZM Group, Inc., 2020 IL App (1st) 190179 By Robert Handley Civil Practice and Procedure, June 2020 A summary of Askew Insurance Group, LLC v. AZM Group, Inc., which involved a breach of lease complaint.
With a suggestion that the defendant is legally blind, can plaintiff get defendant’s medical records? By Robert Handley Civil Practice and Procedure, June 2019 A summary of Palm v. Holocker.
A “deadline” is the date or time before which a task must be completed By Robert Handley Civil Practice and Procedure, November 2017 In this case, the Notice of Appeal was due on December 14, 2016. However, Plaintiff did not file until December 21, 2016. Further, Plaintiff did not file an Illinois Supreme Court Rule 303(d) “Motion for Leave to File a Late Notice of Appeal.”
Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale By Robert Handley & Grzegorz (Greg) Czubernat Commercial Banking, Collections, and Bankruptcy, August 2016 The case of U.S. Bank N.A. v. Rahman reminds us that when serving a defendant in Cook County, no matter where the case is pending, service of process must be effectuated by the Cook County Sheriff, unless the court appoints a special process server.
1 comment (Most recent August 16, 2016)
Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule By Robert Handley & Grzegorz (Greg) Czubernat Civil Practice and Procedure, May 2016 As far as municipal or fire district entities are concerned, unless there is action by the legislature to enact immunity they will now be exposed to traditional tort principles.
Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule By Robert Handley & Grzegorz (Greg) Czubernat Local Government Law, May 2016 As far as municipal or fire district entities are concerned, unless there is action by the legislature to enact immunity they will now be exposed to traditional tort principles.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2015 A summary of the recent case of GMAC Mortgage, LLC v. Arrigo.
Can a spouse who occupies a property as his/her residence but is not on title claim a homestead exemption? By Robert Handley Civil Practice and Procedure, November 2014 An analysis of the recent case of GMAC Mortgage, LLC v. Arrigo.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Bench and Bar, April 2013 A summary of the recent case of EMC Mortgage Corporation v. Kemp.
Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
The Illinois Supreme Court clarifies appellate jurisdiction during pendency of foreclosure By Robert Handley Civil Practice and Procedure, February 2013 This opinion in EMC Mortgage Corporation v. Kemp provides an excellent refresher course on the appealability of interlocutory Orders generally, and of Orders in Foreclosure cases particularly.
When dispositive motions are not served on counsel of record but that counsel had failed to obtain leave of court to appear—What happens? By Robert Handley Bench and Bar, January 2013 The moral of this J.P. Morgan v. Straus is to always seek leave to file your appearance after 30 days from the date of service have elapsed.
When dispositive motions are not served on counsel of record but that counsel failed to obtain leave of court to appear—What happens? By Robert Handley Civil Practice and Procedure, November 2012 A summary of the recent case of J.P. Morgan v. Straus.
How do you calculate two years for a Section 2-1401 Motion to Vacate? Court ignores 1918 case By Robert Handley Civil Practice and Procedure, November 2011 The first lesson from Parker v. Murdock is that in calculating two years for a Section 2-1401 Petition to Vacate, we should do it the way we would normally think it would be done. However, the second lesson is that you cannot cite cases decided prior to 1935 with any certainty that they will be followed.
2 comments (Most recent November 22, 2011)
Mortgage foreclosures: In rem or quasi in rem? The distinction that makes a difference By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2011 In this recent case the Illinois Supreme Court reversed the appellate court and affirmed the circuit court, thereby dismissing the foreclosure action filed by ABN AMRO Mortgage Group.
Mortgage foreclosures: In rem or quasi in rem? The distinction that makes a difference By Robert Handley Civil Practice and Procedure, December 2010 In this recent case the Illinois Supreme Court reversed the appellate court and affirmed the circuit court, thereby dismissing the foreclosure action filed by ABN AMRO Mortgage Group.
From the Chair By Robert Handley Insurance Law, March 2008 A message from Section Chair Robert Handley.
Clerk hands back complaint—Case barred by statute of limitations By Robert Handley Civil Practice and Procedure, November 2006 In Union County, the Circuit Clerk’s Office closes at 4:00 p.m. and not a minute later. Unfortunately, the plaintiff learned that the hard way. Roach v. Coastal Gas Station, 363 Ill. App. 3d 674, 843 N.E.2d 393 (5th Dist. 2005).
Soto restates the law governing opinion testimony as to permanency of injury By Robert Handley Civil Practice and Procedure, November 2001 A recent decision from the Second Appellate District has reexamined the criteria a trial court should consider in deciding whether a physician may render an opinion on the issue of the permanency of a plaintiff's injuries.

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