Some things to ponder in wake of recent Supreme Court term

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted July 11, 2022 1:04 PM

Much has been made in recent weeks of whether the Supreme Court of the United States will become the Lochner II Court. Lochner v. New York, decided in 1905, found that the liberty of contract theory was a constitutional right.The debate will continue as the current Roberts court is assessed. In its recent term, the court had major decisions on a variety of fronts, including the Dobbs decision. But there is more in store for the October 2022 term ahead, including consent to personal jurisdiction requirements and the …

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Lawyer erred on personal representative after learning defendant was dead

Answering a question certified for immediate appeal in a case where the plaintiff didn’t know the defendant was dead when the lawsuit was filed, the Illinois Appellate Court concluded that the maneuver used by plaintiff’s attorney to rectify the problem — having his secretary appointed as “personal representative” of the decedent’s estate under Sec. 13-209(c) of the Code of Civil Procedure and then naming her as defendant in an amended complaint — was the wrong move.
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