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The Second District’s decision in this case was the subject of an earlier post. See Heed the appeal deadline after a Rule 304(a) finding (August 30, 2013). On denial of rehearing, the court issued a supplemental opinion which, among other things, made clear that it did not create any new balancing test […]

Justice Burke authored the opinion in this appeal, joined by five of her six colleagues. From an appellate practice point of view, Justice Karmeier’s dissent is far more interesting than the majority decision. The dissent objects to Justice Burke’s failure to reach an issue that was the basis of the […]

The Seventh Circuit found an attorney’s arguments on appeal frivolous and ordered him to show cause why he should not be sanctioned pursuant to Federal Rule of Appellate Procedure 38. After considering the parties’ filings, the court imposed Rule 38 sanctions in the amount of $7,500 and referred the attorney […]

This case involves the appeal of a class action settlement. Who would appeal the settlement of a class action? The insurer who has to pay for it. Unfortunately for the insurer, its appeal came too late. A little less than a month after the district court entered final judgment approving […]

This appeal presents the question of when certain proceedings after entry of a Rule 304(a) finding may require an additional Rule 304(a) finding to permit an appeal. Several procedural dates are key to the question: – On March 24, 2010, the trial court dismissed the plaintiff’s complaint as to some […]