Civil Law & Practice/Appellate Law & Practice Joint MCLE Meeting with Appellate Lawyers Association

DuPage Judicial Center - ARC

2/6/19

11:45 AM – Noon Welcome/Introductions Ryan Biller, DCBA Civil Law Section Chair

Hon. Clare J. Quish, Appellate Lawyers Association

Noon – 1:30 PM Program

Illinois Appellate Court Justice Ann B. Jorgensen (Second District) and past ALA Presidents J. Timothy Eaton and Michael T. Reagan present a discussion of significant civil cases decided by the Illinois Supreme Court in 2018 The President of the Appellate Lawyers Association, Judge Clare Quish will serve as moderator.

See Attached for Speaker Bios

Next Meeting: 3/6/19 – Rachel Legorreta & John Malm Presenting for Civil Law & Practice Section

Appellate Law & Practice - TBD

DCBA Events: 2/21/19 – Happy Hour at Cooper’s Corner in Winfield

3/1/19 – 44th Annual Judges’ Nite – College of DuPage

 

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Justice Ann B. Jorgensen

Illinois Appellate Court Second District

Ann B. Jorgensen graduated from Loyola University of Chicago with a Bachelor of Arts degree and earned her Juris Doctor from DePaul University College of Law in 1980. She served as an Assistant State's Attorney in the Office of the DuPage County State's Attorney until entering the private practice of law in the Law Offices of John F. Donahue (now known as Donahue, Sowa & Magana), where her practice concentrated in criminal defense and administrative hearings.

Justice Jorgensen was appointed as an Associate Judge for the 18th Judicial Circuit in 1989. She was assigned to the Law Division and thereafter appointed Supervising Judge of the Mandatory Arbitration Program. In 1994, Judge Jorgensen was elected Circuit Judge and subsequently retained in 2000 and 2006.

As a Circuit Judge, she served as the Presiding Judge of the Felony Division and as the inaugural Presiding Judge of the DuPage County Drug Court. In 2005, her fellow circuit judges elected her as Chief Judge of the 18th Judicial Circuit, where she served until her appointment to the Appellate Court in July 2008. Following her election to a full term on the Appellate Court in 2010, her colleagues elected her to serve as the Presiding Judge of the Appellate Court, Second District. She served in that position from 2010 to 2012 and remains a champion of the electronic business pilot programs begun during her term.

The Illinois Supreme Court has appointed Justice Jorgensen to serve on numerous committees, including most recently as a member of the newly restructured Illinois Judicial Conference. She has also taught at the Illinois Judicial Education Conference; in programs on criminal law, sentencing, and judicial ethics, as well as participating in panel presentations for the Illinois Supreme Court's New Judge's School she is currently a facilitator for the Civil Track for the 2020 Education Conference.

Justice Jorgensen is a judicial member of the Illinois Judicial Ethics Committee, a joint effort of the Illinois Bar Association, the Chicago Bar Association and the Illinois Judge's Association to address questions about judicial ethics.

Justice Jorgensen is a Past President of the Illinois Judges Association, former member of its

Board of Directors and the Illinois Judges Association Foundation. She is a member of the

Illinois State Bar Association, having previously served as chair of the Criminal Law Section

Council, the Alternative Dispute Resolution Section Council, and the Bench and Bar Section

Council.

SUPREME COURT YEAR REVIEW - 2018

Substantive Outline

I. Adoption Act

In re: N.G.

II. Civil Procedure

a. Privileged Information sought in Discovery

Palm v. Holocker

b. Filing after Voluntary Dismissal

First Midwest Bank v. Cobo

c. Retroactivity of Statutory Amendment

Perry v. Department of Financial Professional

Regulation

d. Res Judicata

A & R Janitorial v. Pepper Construction Company

e. Special Interrogatories

Stanphill v. Ortberg

III. Constitutional Issues

a. Pension Obligations

Carmichael v. Labors’ Retirement Board Employees’

Annuity and Benefit Fund

b. Power of Governor To Terminate

Gregg v. Rauner

c. Rule 18 Findings of Unconstitutionality

Gonzalez v. Union Health Service, Inc.

d. Special Legislation

Gonzalez v. Union Health Service, Inc.

IV. Contribution

Sperl v. Henry

V. First Amendment Access to Sealed Documents

People v. Zimmerman

VI. Insurance

American Family Mutual Insurance Co. v. Krop

Thounsavath v. StateFarm Mutual Automobile Insurance

Company

VII. Judicial Admissions

Sperl v. Henry

VIII. Product Liability

Reinstatement of a Dismissed Non-manufacturer Party in

the Distributive Chain

Cassidy v. China Vitamins

IX. Property Taxation: Charitable Exception

Oswald v. Hamer

X. Protest Moneys Act

Parmar v. Madigan

XI. Qui Tam Fees

People ex rel. Schad, Diamond and Shedden v. My Pillow, Inc.

XII. Real Estate

Implied Warranty of Habitability

Sienna Court Condominium Association v. Champion

Aluminum Corp.

XIII. Retroactivity of Statutory Amendment

Perry v. Department of Financial Professional Regulation

XIV. Sovereign Immunity

Parmar V. Madigan

XV. Subject Matter Jurisdiction

Ameren Transmission Company v. Hutchings

XVI. Supremacy Clause

In re: N.G.

XVII. Tort Immunity Act

Monson v. City of Danville

XVIII. Void ab initio Statute

In re: N.G.

SUPREME COURT YEAR REVIEW - 2018

PROCEDURAL OUTLINE

I. Amicus Briefs

Oswald v. Hamer

II. Appellate jurisdiction

a. SCR 302 (a)

Ameren Transmission Company v. Hutchings

Carmichael v. Labors’ Retirement Board Employees’

Annuity & Benefit Fund

Gonzalez v. Union Health Service, Inc.

b. SCR 302 (b)

Carmichael v. Labors’ Retirement Board Employees’

Annuity & Benefit Fund (consolidated issues)

c. SCR 304 (a)

A & R Janitorial v. Pepper Construction Company

d. SCR 304 (b)

Palm v Holocker

24238533.1

e. SCR 307 (a) (1)

People v. Zimmerman

f. SCR 308

Sienna Court Condominium Association v. Champion

Aluminum Corp.

g. Supreme Court Supervisory Authority

Gonzalez v. Union Health Service, Inc.

III. Judicial Restraint

In re: N.G.

Palm v. Holoker

IV. Stare Decisis

In re: N.G.

V. Statutory Interpretation

Cassidy v. China Vitamins

Carmichael v. Labors’ Retirement Board Employees’ Annuity &

Benefit Fund

VI. Sua Sponte Investigation

a. In re: N.G.