Illinois Appellate Court Clarifies When Jurisdiction Arises To Review Rule 137 Sanctions Order

In Phoenix Capital, LLC v. Tabiti, 2016 IL App (1st) 162686, the Illinois appellate court faced an unusual issue and took the opportunity to clarify the law regarding the appealability of orders under Rule 137.  It held that, absent a certification under Rule 304(a), an order granting sanctions under Rule 137 is not appealable if the amount of the sanctions remains to be determined, even if the rest of the case has been concluded.  

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Certification Revocation Kills Appellate Jurisdiction

In Kenosha Unified School District No. 1 Board of Education v. Whitaker (per curiam) (slip op. Nov. 14, 2016), the U.S. Court of Appeals for the Seventh Circuit considered whether it had jurisdiction to hear an interlocutory appeal under 28 U.S.C. ยง 1292(b) where the district court granted the required certification and then revoked it before the appellate court issued an order permitting the appeal.   

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In Federal Court, Supplementary Proceedings Under 735 ILCS 5/2-1402(c)(6) Require An Independent Jurisdictional Basis

Under Federal Rule of Civil Procedure 69(a), the rules set forth in the Illinois Code of Civil Procedure regarding supplementary proceedings to execute a judgment control in federal courts sitting in Illinois.  In Rizvi v. Allstate Corp., 833 F.3d 724 (7th Cir. 2016), the Seventh Circuit discusses when those proceedings require an independent jurisdicational basis.  

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Circumstantial Evidence Insufficient to Establish Causation in Premises Liability Claim

In Berke v. Manilow, 2016 IL App (1st) 150397, the Illinois appellate court was presented with an interesting fact pattern that allowed it to consider the boundary between permissible inferences drawn from circumstantial evidence and impermissible speculation.  The court also considered whether the circumstantial evidence provided a sufficient basis for expert opinion.      

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