Chicago associate Kaitlin Klamann co-authored “The Second District Avoids Causing New Ripples in the Common Law ‘Test the Waters’ Doctrine” for the Illinois State Bar Association’s Bench & Bar Newsletter.
Illinois courts, to varying degrees, use the common law “test the waters” doctrine as the basis for denying requests for the substitution of a judge. In the recent case, Village of East Dundee v. Village of Carpentersville, the Second District partially weighed in on the matter, distinguishing a recent Illinois Supreme Court precedent (Bowman v. Ottney), but not expanding the doctrine any further. Katie examines the Second District’s ruling and what it means for parties attempting to use the “test the waters” doctrine.
Read “The Second District Avoids Causing New Ripples in the Common Law ‘Test the Waters’ Doctrine.” (log-in may be required)