Section Newsletters

Articles on Jurisdiction

Rule 277 and Personal Jurisdiction By Michael Cortina Bench and Bar, April 2024 An analysis of why Illinois Supreme Court Rule 277 — the rule pertaining to supplementary proceedings — does not grant courts personal jurisdiction over out-of-state entities.
Rule 277 and Personal Jurisdiction By Michael Cortina Tort Law, April 2024 An analysis of why Illinois Supreme Court Rule 277 — the rule pertaining to supplementary proceedings — does not grant courts personal jurisdiction over out-of-state entities.
Subject Matter Jurisdiction By Roza Gossage General Practice, Solo, and Small Firm, February 2021 A look at subject matter jurisdiction in Illinois.
Litigating jurisdictional issues in post-Daimler America By David W. Aubrey International and Immigration Law, October 2018 Two recent denials of the writ of certiorari by the United States Supreme Court hint at what might be left of the doctrine of specific jurisdiction following the watershed ruling in Daimler AG v. Bauman.
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.”
Illinois Supreme Court homes in on “at home” By Joy Anderson & Kevin M. O’Hara Bench and Bar, October 2017 The Illinois Supreme Court recently denied jurisdiction over a nonresident defendant in an insurance dispute that gained widespread attention from major corporations and the Illinois Trial Bar.
The concept of “inherent power” does not divest a circuit court of its jurisdiction By George S. Bellas & Misty J. Cygan Bench and Bar, May 2015 In LVNV Funding, LLC v. Matthew Trice, the Illinois Supreme Court held that LVNV’s failure to register as a collection agency under the Collection Agency Act did not deprive the circuit court of jurisdiction.
The concept of “inherent power” does not divest a circuit court of its jurisdiction By George S. Bellas & Misty J. Cygan Civil Practice and Procedure, April 2015 In LVNV Funding, LLC v. Matthew Trice, the Illinois Supreme Court held that LVNV’s failure to register as a collection agency under the Collection Agency Act did not deprive the circuit court of jurisdiction.
Does the Commission have jurisdiction to approve settlements in two out of three consolidated claims? By Lawrence A. Scordino Workers’ Compensation Law, February 2015 The strange little case of The Levy Company v. IWCC and Jorge Merlos arose when the claimant, Jorge Merlos filed two claims, for alleged 2003 and 2005 shoulder injuries. While those claims were pending, he returned to work with restrictions in 2007.
New Supreme Court cases determine jurisdictional issues By Robert T. Park Civil Practice and Procedure, February 2015 Two of the Illinois Supreme Court’s first 2015 decisions have dealt with jurisdictional issues.
Seventh Circuit dismisses appeal seeking to dictate issues to arbitrator for lack of jurisdiction By John R. Schleppenbach Alternative Dispute Resolution, February 2015 As the Seventh Circuit recently reminded the parties to a pension funding arbitration in Central States, Southeast & Southwest Areas Pension Fund v. US Foods, Inc., review of an arbitrator’s determinations may generally only be had after, and not during, the arbitral hearing.
Know the answer to federal jurisdiction By Hon. Iain D. Johnston & Mark Doherty Federal Civil Practice, September 2014 Counsel who fail to take the requirements of federal jurisdiction seriously do so at their own peril.
Personal jurisdiction in the Internet age By Michael R. Lied Federal Civil Practice, September 2014 A party’s Internet activity may affect whether the party is subject to a court’s jurisdiction.
Survey of recent jurisdictional caselaw By Ambrose V. McCall Federal Civil Practice, September 2014 Keep current on the issues with this useful guide to recent decisions.
For general jurisdiction, there’s no place like home By Shawn Wood & Josh Jubelirer Civil Practice and Procedure, April 2014 In Daimler AG v. Bauman, the United States Supreme Court recently limited the application of general jurisdiction in a decision that stands to undermine forum shopping and profoundly impact where large companies may be sued.
Appellate court disagreement about jurisdiction over pollution control certification dispute By Timothy J. Storm Administrative Law, July 2013 A summary of the recent case of Board of Education of Roxana Community Unit School Dist. No. 1 v. Pollution Control Board.
Non-residents’ streams of conduct and personal jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, July 2013 The most difficult issue in specific jurisdiction cases often involves the requirement of purposeful availment by the nonresident of the benefits to be had in the foreign forum. The U.S. Supreme Court recently granted certiorari in Fiore v. Walden, affording it yet another chance to elaborate on this requirement.
Jurisdiction over the Internet: Innovative Garage Door Co. v. High Ranking Domains, LLC, 2012 Ill.App. (2d) 120117 (Dec. 3, 2012) By John B. Kincaid Civil Practice and Procedure, April 2013 The facts in the recent Innovative Garage Door case raise a new quandary for the plaintiff’s attorney intent on haling a foreign-based Internet company into an Illinois court.
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.
Truck driver hauls in the necessary evidence to establish an employer-employee relationship and employer loses jurisdictional argument due to service on the Commission By Cameron B. Clark Workers’ Compensation Law, January 2013 In Labuz v. Illinois Workers’ Compensation Commission, both the claimant, a truck driver, and his purported employer sought review of the decision of the Commission awarding claimant certain benefits for neck, back and left shoulder injuries.
How far can a raptor (vulture) spread its wings? Internet jurisdiction in the digital age—Wow! By Hon. E. Kenneth Wright, Jr. Bench and Bar, December 2012 A complicated jurisdictional dispute can arise both here and in a foreign country when a U.S. Internet service provider offers a variety of services such as search engine, e-mail, auctions, etc. that contain content that violates laws in that country.
Settlement offer defeats class action lawsuit By Michael R. Lied Federal Civil Practice, September 2012 According to the appeals court in Damasco v. Clearwire Corporation, to allow a case to continue in federal court when the sole plaintiff no longer maintains a personal stake defies the limits on federal jurisdiction.
What does it mean when, at oral argument before the Appellate Court Workers’ Compensation Commission Division, one of the justices asks you “why do you think we have jurisdiction?” By Richard D. Hannigan Workers’ Compensation Law, September 2012 Supreme Catering v Illinois Workers’ Compensation Commission concerns original jurisdiction as it is vested in the circuit and appellate court in matters wherein a summons has been issued for appeal of Illinois Workers’ Compensation Commission decision.
Removal jurisdiction following passage of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 By Patricia S. Smart Federal Civil Practice, June 2012 Parties filing a petition for removal or a request for remand must be sure to consider the revisions made by the JVAC to the provisions of 28 U.S.C. §§ 1441 and 1446.
Too few Internet matchmaking lonely hearts jurisdictionally trump default judgment: be2 LLC v Ivanof (7th Cir. 2011) By Joseph T. Nabor Bench and Bar, August 2011 In the recent case of be2 LLC v. Ivanov, the decision of the District Court was reversed and the court was instructed to dismiss the case for lack of personal jurisdiction.
Trial court subject matter jurisdiction By Jeffrey A. Parness Civil Practice and Procedure, June 2011 The term “jurisdiction” in civil actions in Illinois circuit courts has many definitions, often leading to much confusion. Some of the confusion should be reduced by the recent Illinois Supreme Court ruling in Luis R.
Removal and remand: A primer By Albert E. Durkin Tort Law, March 2011 A defendant can petition to remove a state court claim to a court of federal jurisdiction if the case could have originally been brought in a federal court or in certain circumstances upon the federal court’s discretion.
Recent decision addresses subject-matter jurisdiction in forcible entry and detainer actions By Michael Zink General Practice, Solo, and Small Firm, December 2010 A review of the recent decision of Figueroa v. Deacon.
Plaintiffs strike out in bids for remand in Class Action Fairness Act cases By Michael R. Lied Federal Civil Practice, September 2010 Summaries of the recent cases of Cunningham Charter Corporation v. Learjet, Inc. and In re: Burlington Northern Santa Fe Railway Co.

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