Section Newsletters

Articles From Patrick M. Kinnally

Representing a corporation in state court—Redux 2014 By Patrick M. Kinnally Civil Practice and Procedure, May 2014 Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings declares why a corporation needs a lawyer as a representative in our state courts as well as in certain types of administrative hearings.
Personal representatives and special administrators in tort claims: There is a difference By Patrick M. Kinnally Civil Practice and Procedure, December 2013 Should civil procedure rules should bar prima facie claims where a party dies in the tempest of a garden-variety personal injury claim? Or, frankly, what is the difference between a “special administrator” and a “personal representative”?
2 comments (Most recent December 23, 2013)
Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Non-citizen Guilty Pleas after Padilla v. Kentucky By Patrick M. Kinnally International and Immigration Law, November 2013 The issue of a trial court admonishing anyone of the potential immigration ramifications surrounding a guilty plea is substantial if the accused is a non-citizen.
Prior consistent statements in trial practice: Can you use them? By Patrick M. Kinnally Civil Practice and Procedure, November 2013 Our judges and juries are smart enough to figure out that the mere repetition of what a witness thinks is true, even on a repetitive basis, does not make it so.
Temporary protected status should be a welcome rule of law By Patrick M. Kinnally International and Immigration Law, October 2013 The author shares his views on our nation's immigration policies.
Non-citizen defendants charged with state drug crimes: Some new, refreshing jurisprudence By Patrick M. Kinnally International and Immigration Law, July 2013 Two recent decisions from the Supreme Court provide further definition to the area of State law drug possession and trafficking crimes and whether they constitute aggravated felonies which would make a non-citizen defendant deportable.
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally Civil Practice and Procedure, May 2013 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
What are “allowable costs” in trial practice—2013 By Patrick M. Kinnally Civil Practice and Procedure, May 2013 In his article published over a decade ago (and reprinted in this issue), the author argued that our trial judges and trial lawyers needed a rule that actually reflected what costs were allowable in trials and summary judgment motions litigation in state court. The currency of that argument abides today.
Applying for naturalization and removal hearings: Can you get a remedy? By Patrick M. Kinnally International and Immigration Law, April 2013 The Seventh Circuit in Klene v. Napolitano has leveled the playing field. There is no legal reason to give priority to removal proceedings over naturalization proceedings.
Does a corporation need a lawyer in state court? By Patrick M. Kinnally Civil Practice and Procedure, December 2012 Unless you are in a small claims trial court, the Illinois maxim as to corporate representation is ambiguous.
1 comment (Most recent December 19, 2012)
Adjustment of status, false claims to United States citizenship and voting in elections By Patrick M. Kinnally International and Immigration Law, November 2012 The Adjustment of Status form can be a trap for the unwary practitioner.
False and fictitious names in pleadings: How much does it matter? By Patrick M. Kinnally Civil Practice and Procedure, September 2012 The recent opinion of Rogasciano Santiago, a/k/a Juan Ortiz v. E. W. Bliss Company sheds some light, albeit little, on what we, as attorneys, must do when our clients fabricate their own identity, and then use that identity when filing litigation in our state trial courts. 
Is a duty owed? Adjoining landowners, passers-by, falling limbs and trees By Patrick M. Kinnally Civil Practice and Procedure, September 2012 The Appellate Court in Stackhouse v. Royce Realty and Management had little problem in assessing whether a tree falling on a person was reasonably foreseeable.
Representing undocumented immigrants in civil cases—False documents, lying and aliases: Don’t ignore them By Patrick M. Kinnally International and Immigration Law, May 2012 Four recent cases highlight the issue of the use of deception by using phony documents or assuming an identity. Two are criminal cases, two are civil. Read these opinions.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online posters By Patrick M. Kinnally Bench and Bar, April 2012 Supreme Court Rule 224 provides that a person may file an independent action seeking discovery before a suit is filed to determine the identity of one who may be responsible in damages. And in the recent case of Maxon v. Ottawa Publishing Co., it was used to identify the posters of critical online commentary.
Lawful permanent resident aliens: Is there a right to return? By Patrick M. Kinnally International and Immigration Law, March 2012 The decision in Vartelas v. Holder should be of substantial significance to lawful permanent resident aliens who long ago may have committed crimes which made them excludable or deportable from the United States.
Foreclosure of claims: The Doctrine of Judicial Estoppel By Patrick M. Kinnally Civil Practice and Procedure, February 2012 As practitioners, we must be mindful of the fact that inconsistency by our clients in prior and subsequent litigation before a trial court or a quasi-judicial tribunal may lead to the loss of consideration of a right to recovery on its merits.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online posters By Patrick M. Kinnally Civil Practice and Procedure, December 2011 Supreme Court Rule 224 provides that a person may file an independent action seeking discovery before a suit is filed to determine the identity of one who may be responsible in damages. And in the recent case of Maxon v. Ottawa Publishing Co., it was used to identify the posters of critical online commentary.
Forfeiture by wrongdoing and the Illinois Rules of Evidence By Patrick M. Kinnally Civil Practice and Procedure, November 2011 Forfeiture by wrongdoing should no longer be a doctrine which is only applicable in our state criminal trial courts. New rules can create imaginative ways of thinking and litigating for civil practitioners who use them.
The Child Status Protection Act is to protect children By Patrick M. Kinnally International and Immigration Law, October 2011 In the recently decided case of Arobelidze v. Holder, the 7th Circuit Court of Appeals opined that non-precedential Board of Immigration decisions, ones that do not equate with the force of law do not deserve Chevron deference, because they do not have the “power to persuade.”
Taking exhibits to the jury room: Why decision makers need them By Patrick M. Kinnally Civil Practice and Procedure, August 2011 Since jurors are required to take jury instructions into the jury room, it would seem a concomitant exercise to have available the evidence upon which the application of the law to those facts interact.
The lien epic: Don’t lose your attorney’s lien By Patrick M. Kinnally Civil Practice and Procedure, April 2011 If we follow the rules as to attorney fee liens we possess, much like all the other lien claimants might have, we can make the final disposition of the litigation a lot more certain.
Vacating default judgments: Make it make a difference By Patrick M. Kinnally Civil Practice and Procedure, January 2011 A look at the ramifications of Blazyk v. Daman Express, Inc., decided December 17, 2010.
Collateral estoppel: It is not an absolute By Patrick M. Kinnally Civil Practice and Procedure, October 2010 A look at a case decided just last month, Hurlbert v. Charles, which makes clear that prior adjudication of a claim or issue is not a complete bar against relitigation of that same claim or issue.
The nuts and bolts of admission and adjustment of status under the Immigration and Nationality Act By Patrick M. Kinnally International and Immigration Law, October 2010 After entering the U.S., many immigrants end up in one of our 50 states, settle in, perhaps wed, or otherwise come to you and seek an adjustment of their status. Can you help them? Perhaps.
Voir Dire: How and why we can participate By Patrick M. Kinnally Civil Practice and Procedure, January 2010 Every attorney who litigates civil or criminal cases wants to know whether a trial court judge alone is going to pick the jury, let the trial attorneys perform that task, or make a decision about jury selection which reflects a little of both. 
How judges influence advocacy By Patrick M. Flaherty & Patrick M. Kinnally Civil Practice and Procedure, February 2009 When judicial action is appropriate, it should be tempered with recognition that action carries consequences and that even routine practices can impact an impressionable jury.
The Illinois Open Meetings Act: Client communications to counsel while the door is closed By Patrick M. Kinnally General Practice, Solo, and Small Firm, May 2008 The purpose of the Illinois Open Meetings Act is to ensure the work of public bodies be patent and candid.
“Tactical gamesmanship” and trial practice: Can it be good advocacy? By Patrick M. Kinnally Civil Practice and Procedure, April 2008 Playing by the rules applies to each party regardless of whether they are on opposite sides of the aisle. If it becomes otherwise, the keystone of those rules will be undermined, thereby making the trial process an also-ran and other than what all litigants, or their counsel, expect.
The unwanted: Dead witnesses, The Dead Man’s Act and the Frauds Act By Patrick M. Kinnally Civil Practice and Procedure, February 2008 Although we do not like to acknowledge it, mortality will call someday. Oftentimes, we ignore what we should heed most. The making of a will or trust is scheduled for next week.

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