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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Seventh Circuit Holds that Service of Suit Clause in Insurance Contract Waives Right of Removal

The Seventh Circuit recently weighed in on the meaning and effect of a “service of suit” clause in an insurance agreement.  The Court held that a service of suit clause gave the insured the right to pick the jurisdiction and venue for bringing suit and, it followed, waived the insurer’s right to remove the suit to federal court.

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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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TCPA Class Actions and the Question of Adequacy - For Counsel and Plaintiff

In Byer Clinic and Chiropractic Ltd. v. Kapraun, 2016 Il App (1st) 143733, a divided panel of the Illinois appellate court considered the class representative adequacy requirement under Illinois law in the context of a TCPA suit.  A TCPA class action was similarly the backdrop for the Seventh Circuit’s consideration of the class counsel adequacy requirement in Creative Monetssori Learning Centers v. Ashford Gear LLC, 662 F.3d 913, 918 (7th Cir. 2011).  Jordan Wilkow analyzes the cases in an article for the Chicago Daily Law Bulletin.   

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Plaintiff X: Orders Denying Leave to Litigate Anonymously Are Immediately Appealable

The U.S. Court of Appeals for the Seventh Circuit recently addressed a matter of first impression in this circuit: “whether an order denying leave to proceed anonymously is immediately appealable.”  See Doe v. Village of Deerfield, No. 15-2069 (slip op., decided April 12, 2016).  This novel issue required an examination of the collateral order doctrine.

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