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The United States Supreme Court's recent opinion in Caperton v A. T. Massey Coal Co, Inc (1) addresses when judges must recuse themselves because a litigant has contributed to their [...]

The article focuses on the rule associated with the hearing of Illinois Supreme Court in compliance of the U.S. Supreme Court Rule 315 on appeal from the appellate court by discretionary review which governs petitionsfor leave to appeal.

The article presents information on the issue related to the involvement of motion practice in case of arbitrations in the U.S. It informs that the Case law in both federal and state jurisdictions has lauded arbitration as a dispute resolution process that is more expeditious and less expensive than litigation. It further informs that the arbitrations are initiated with a very succinct claim.

The article discusses expansion of the General Verdict Rule in Illinois in the Code of Civil Procedures, where several grounds for recovery are requested in support of a single claim. It discusses cases under the general verdict rule that is Snyder v. Gaither, Gebbie v. Mooney, and Strino v. Premier Healthcare Associations. It also mentions that the rule has been applied and expanded to general as well as affirmative defenses.

The article discusses the validity of the litmus tests used in U.S. courts to dismiss a case. Called balancing tests, they provide a framework which allows claims to be dismissed, such as in cases where vital documents are withheld, where orders are not obeyed and where due process is obstructed. In 2009, however, Judge Posner of the Seventh Circuit Court questioned the validity of these tests because of the Abad v. Bayer Corporation. He suggested that the case be approached from a singular perspective, rather than apply the litmus tests.