Jim Hacking

Any Illinois practitioner looking for a case law source on how to preserve issues for appeal should check out Snowstar Corp. v. A&A Air Conditioning & Refrigeration Service, Inc., 2024 IL App (4th) 230757. It covers multiple common errors trial lawyers make regarding preserving issues for appeal including (1) failing to make a contemporaneous objection at trial after a motion in limine is denied; (2) failing to have that contemporaneous objection, if made, state all the bases for objecting that one might want to raise on appeal; (3) failing to make an offer of proof regarding excluded evidence, including a discussion of formal and informal offers of proof; and (4) waiving an objection to the foundation of an expert’s testimony by agreeing to the admission of his report. It also repeatedly reminds practitioners that errors have to also be argued in a post-trial motion to preserve them for appeal.  It is practically a primer on what is needed to preserve a variety of arguments of error. #masteringthelaw #appellateprocedure #illinoistriallawyers #appellatepractice

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My latest read is World War 3.0. It covers the U.S v. Microsoft antitrust case. If you do not believe depositions are critical to cases take a read. Bill Gates’ deposition is a major factor in the case and trial. Depositions are critical in today’s litigation environment and adequate preparation for them is paramount.

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Do you prepare trial witnesses with reference to the trial testimony of prior witnesses? If so, you may want to reconsider that practice in Illinois. In Mogensen v. SCF Lewis & Clark Fleeting LLC the Illinois Appellate Court, Fifth District will consider whether it was it proper for the trial court to strike the pleadings of the defendant where defense counsel "briefed" a witness about other witnesses' testimony in violation of Illinois Rule of Evidence 615? Does the court even have to enter an order sequestering witnesses? Or is Rule 615 self-executing? What is the proper standard of review by the appellate court where the defendant claims that the order sequestering the witnesses is unclear? The oral argument is in the comments and Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released tomorrow (4/28). The Rule is below. The striking of the pleadings led to a consideration by the jury of the issues on damages alone and a verdict in the amount of $3 million. Danny Grosso Ken Hoffman Ken Levinson Kingshuk Roy what are your thoughts on these issues? #law #lawyers #appeals #attorneys #civilprcoedure

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It is not all bad news for defendants and their insurers in Cook County as the recent cases and decisions show despite Cook County's recent elevation to No. 3 on the Judicial Hellhole List. My column in the Chicago Daily Law Bulletin this week that discusses the issue is below. My post on the ATRA report is in the comments. #law #lawyers #appeals #attorneys #civilprocedure

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Thanks to the ABA March Case update here is a good one from Missouri about not messing with the trial court’s authority to determine the conscionability of a prenuptial agreement when one party seeks to compel private arbitration. Perhaps what was needed was more detail in the prenup as to what each fiancé envisioned to be an unfair and unconscionable result if the marital partnership were to ever end. #Prenups #PrenuptialAgreement #Conscionability #FamilyLaw #Arbitration #ADR #Quantum

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Chicago lawyer friends: Dan Cotter and I are kicking off the 2024-2025 CBA Insurance Law Committee with a roundtable, in-person lunch at my firm next Tuesday, June 18 at noon CT. Even if insurance is not directly your space, please come and join for networking, connectivity, and talking shop on the issues of the day. Link to register in the comments! #Chicago #Chicagolawyers #legalnetworking #insurance #riskmanagement

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Does an Illinois #insurer have to show prejudice to exercise an exclusion to underinsured motorist coverage requiring notice and approval of a settlement with the alleged at fault tortfeasor? That is the question to be answered when the Illinois Appellate Court, Fifth District decides McAteer v. USAA. The oral argument is in the comments and Dan Cotter and I will discuss the case on the next episode of the Podium and Panel Podcast that will be released on Sunday (6/16). The #insured accepted the tender of the limits from the at fault tortfeasor before advising their own insurer of the settlement and the insurer denied coverage on the basis of an exclusion in the policy. The insured argued that the insurer had notice of the claim and was not prejudiced by the failure to advise of the settlement as there was nothing that it would have done differently. The insurer, which won summary judgment below, argued prejudice was not required as this is an exclusion, not a condition, and the language of the policy, unlike other similar provisions, does not require prejudice. #law #lawyers #appeals #attorneys #civilprocedure #insurance

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Supreme Courts latest ruling on arbitrations helps ensure that arbitrations are able to proceed quickly and smoothly.

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Why Every Michigan Resident Needs a Healthcare Power of Attorney In life’s unpredictable journey, having a Healthcare Power of Attorney (HCPA) is essential—not only for peace of mind but also to ensure your healthcare preferences are respected, even when you can't voice them yourself. At Dresser Law PLLC, we recognize the profound impact an HCPA can have on you and your family's well-being. Key Insights on Healthcare Power of Attorney in Michigan: Empower Your Healthcare Decisions: An HCPA allows you to appoint a trusted person to make healthcare decisions on your behalf, covering everything from routine medical care to critical life-sustaining measures. Ensure Your Wishes Are Respected: This legal document guarantees that your specific desires regarding medical treatments and interventions are followed, providing you control over your medical care. Selecting the Right Agent: Choosing someone who understands your values and wishes and can act on them under pressure is crucial. This person will be your voice when you are unable to communicate. Legal and Emotional Assurance: Setting up an HCPA not only aligns with Michigan laws but also offers emotional assurance to your family, knowing that your healthcare is in trusted hands. Ongoing Relevance: Your healthcare preferences might evolve, so regularly updating your HCPA ensures it always reflects your current wishes. Creating a Healthcare Power of Attorney is a step toward safeguarding your future. It's not just about legal preparation; it's about making sure your voice is heard when it matters most. 📞 Interested in setting up or updating your Healthcare Power of Attorney? Contact Dresser Law PLLC at (269) 689-8527. Our expert team is ready to ensure your healthcare decisions remain in your hands. #HealthcareDecisions #EstatePlanning #MichiganLaw #HCPA

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I had the pleasure of being interviewed on the State Bar of Michigan podcast. The episode is titled, "How Lawyers Can Enhance Legal Services and Stay Ahead in the Industry with AI." https://lnkd.in/gbKPs957 If you're interested in seeing how lawyers can be faster and better, and why AI is making good lawyers great, then give this episode a listen.

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🙋🏻‍♀️ Networking with Other Attorneys... 🙋🏻‍♀️ ...Is last on the list of things to do for many attorney, YET, it's so beneficial... Why? 💥 Attorneys are fantastic referral sources, especially for other attorneys 💥 Attorneys/firms may be conflicted out of work and need a place to send it 💥 You, as an attorney, may well need to refer a contact of yours to another attorney 💥 Attorneys often need a "friendly" on the other side of a deal or co-counsel on a matter Build your attorney network. It's worth it. #upwardstride

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The Importance of Written Mediation Settlement Agreements In Missouri, it’s not just a good practice to reduce a mediation settlement agreement to writing, it’s required if the parties want the agreement to be enforceable. Supreme Court Rule 17 is clear: oral settlement agreements from court-ordered mediation aren't enforceable unless they're put in writing. See, Williams v. Kansas City Title Loan Co., Inc., 314 S.W.3d 868 (Mo.Ct.App. 2010).  Missouri courts will not enforce oral agreements from mediations. Kansas doesn't have an explicit rule like Missouri's that requires mediation agreements to be in writing. But it’s still the best practice. Mediators should reduce at least a summary agreement to writing. While most mediators ask the parties to sign a settlement agreement, this is more challenging with online mediations. The mediator and the parties need the technical expertise to draft, distribute, and get signatures on a .pdf or other document setting forth the terms of the settlement. My practice is to send the parties information about the technology that will be used in an online mediation so that those issues can be resolved ahead of time. Ethical Concerns From an ethical and practical standpoint, making sure everyone understands the deal is key. The Kansas Rules of Professional Conduct and similar rules in Missouri encourage mediators and lawyers to avoid misunderstandings and make sure all parties are clear on the settlement terms. Practical Reasons to Write It Down Beyond the legal and ethical rules, there are strong practical reasons to document mediation agreements: Clarity: Written agreements help everyone understand the key settlement terms. This helps avoid misunderstandings or different interpretations of what was agreed to in mediation. Finality: A written document shows which terms of the agreement are final and no longer negotiable. It confirms the dispute is resolved. Although most parties draft a more comprehensive agreement post-mediation, the signed agreement at mediation will lock down the key terms such as payment, confidentiality, assessment of costs, etc. Enforcement: It's easier to enforce a written settlement in court. The parties avoid any ambiguity about which of the parties' statements are part of the settlement agreement. Professional Standards: For legal professionals, upholding high practice standards is essential. Written agreements are a best practice. The Bottom Line Regardless of the rules, the best practice is to reduce the agreement to writing. From legal enforceability to ethical considerations and practical benefits, there are compelling reasons to put a mediation settlement in writing. When the mediating parties believe they have settled their case, they should be confident the settlement will stick. If you’d like to book a mediation, click the “Book an Appointment” link in my profile. #Mediation #Ethics #SageMediationSolutions #MSBLaw

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If you’re facing criminal charges for damage to property in Wisconsin, you might not know what to do in your defense. Intentional property damage can potentially result in steep fines and prison time, depending on the value of the property that was affected. Don’t risk spending years in prison or decades paying off fines — turn to an experienced legal team for help. If you’ve been charged with intentionally damaging the property of another, contact Nicholson Goetz & Otis, S.C., to consult an experienced criminal defense lawyer. 🔗 https://lnkd.in/gxrZzcvm #NGOLaw #NicholsonGoetzOtis #Litigation #CriminalFefense #MadisonCriminalDefense #ChallengeYourResults #DefenseAttorney #LawConsultation #WisconsinLawyer #BoutiqueLawFirm #TrialSkillsMatter #Lawyers #Attorneys #AttorneyAtLaw

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If you like puzzles of judicial precedent and you’re looking for a book recommendation, consider the opinions in this recent 9th Circuit en banc case (totaling almost 250 pages). The case is so divided that it has two majority opinions. Warning: this gets messy. A one-page per curiam opinion says a majority of the en banc court (6 of 11 total judges) conclude A. And a “different majority” (different group of 6) conclude B. In what is labeled an “opinion for the court,” Judge Collins writes why the majority reaches conclusion B. A and B are not contradictory, but they are in tension. In fact, the two points evenly divide the court, 5-5. The 11th judge (R. Nelson) voted for A and B. Judge Bea, who joined Judge Collins’s opinion, dissented from A and wrote additional reasons for B. Judge R. Nelson’s concurrence explains why he voted for both A and B. He also offers a rationale supporting A, which is missing from the short per curiam opinion. In his own concurrence, Judge VanDyke gives more reasons for B. Chief Judge Murguia wrote the principal dissent, arguing against B. Judge Lee wrote a one-page dissent simply to say he agrees with Murguia and that he would find one of the government’s arguments waived. If you want a window into how judges think about precedent and the decisional process, check out Bea’s argument (and his colleagues’ responses) on why A is not necessary to reach the court’s disposition, making the per curiam opinion’s statement of A unreasoned, non-binding dicta. #appellatelinkedin #ninthcircuit

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Without further notice on its website, nevermind hearing or comment, the Illinois Supreme Court has again amended Rule 9 to add an additional set of rejection standards, these for reviewing courts. While the Supreme Court certainly has the authority to amend the rules at any time and for any reason, that doesn't mean it should. The bar has been completely cut out of this process that is so fundamental to what we do. Despite this new amendment being added since June 12, the rule reflects that it was amended June 12, when it plainly wasn't. Not surprisingly, the rejection standards for reviewing courts is even longer than those for the circuit courts. Hopefully this is the last of the amendments, but continuous review will be necessary to stay on top of what the court is going to require in order for documents to be properly filed. Lots more to come. h/t to Lawrence A. Stein for letting me know about this change. Regula 9(d)(2) emendanda est #law #lawyers #appeals #attorneys #civilprocedure

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