Tomorrow morning, the Illinois Supreme Court will file its opinion in Downtown Disposal Services, Inc. v. The City of Chicago [pdf]. Tonight we’ll preview the case. Tomorrow we’ll bring you our summary and analysis of the Court’s opinion. Downtown Disposal began when the City Department of Transportation issued the company four administrative violation notices in connection with … Continue Reading
According to the Illinois Business Corporation Act, the dissolution of a corporation “shall not take away nor impair any civil remedy available” to or against the corporation, its directors or shareholders “for any right or claim existing, or any liability incurred, prior to such dissolution” as long as the lawsuit is filed within five years … Continue Reading
It’s not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a case today. A 6-1 majority led by Justice Mary Jane Theis affirmed in part and reversed in part a … Continue Reading
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state’s law? This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois Supreme Court held that the answer was "no." Country Preferred Insurance Co. v. Whitehead arose from an accident in Wisconsin … Continue Reading
Illinois courts have consistently refused to impose a general duty to preserve evidence. The Supreme Court has set forth a two-factor test for courts to apply in making the occasional exception to this rule: (1) “relationship” – an agreement, contract, statute, special circumstance or voluntary undertaking is such that a duty should be imposed; and (2) … Continue Reading
In the first of six opinions issued in civil cases this morning, the Illinois Supreme Court held that publicly-owned recreational facilities have broad immunity from liability to users who fall on snow or ice. The question arose in Moore v. Chicago Park District. Plaintiffs’ decedent was leaving a facility owned by the Chicago Park District after … Continue Reading
The Illinois Supreme Court has announced that tomorrow morning, October 18, it will file opinions in six civil cases: No. 112064 – Pielet v. Pielet — (1) Was plaintiff’s cause of action for breach of a long-term consulting agreement viable against corporation under the Survival Statute, 805 ILCS 5/12.80, even though the agreement was not … Continue Reading
With the Illinois Supreme Court between terms, coverage in the news and on the blogs has been relatively light over the past two weeks. Christopher Wills of the Associated Press reported on the Court’s decision in Karbin v. Karbin, authorizing the guardians of disabled adults to file divorce petitions with the approval of the Court. Our … Continue Reading
The California Supreme Court has unanimously voted to accept review in the matter of Valdez v. W.C.A.B. (Warehouse Demo Services) in order to address the following issue: Does Labor Code § 4616.6 exclude from evidence reports of a treating physician obtained by an applicant outside of his or her employer’s Medical Provider Network ? Two … Continue Reading
As I’ve noted in earlier posts (see here and here), this is shaping up as an important term for the class action defense bar at the United States Supreme Court. Late last month, the Court added another important question to its docket, granting certiorari in Maracich v. Spears. In Maracich, the Court will decide whether … Continue Reading
In Illinois, an action against a lawyer "arising out of an act or omission in the performance of professional services" can’t be brought more than 6 years after the act or omission occurred. 735 ILC 5/13-214.3. But does the statute apply if the plaintiff is someone other than the client? The Illinois Supreme Court will soon answer … Continue Reading
In the final days of its September term, the Illinois Supreme Court allowed a petition for review in Standard Mutual Insurance Co. v. Lay. [pdf] In Lay, the Court will decide whether the Federal statutory penalty for sending junk faxes is in the nature of punitive damages, and thus uninsurable under Illinois law. The defendant in … Continue Reading
This morning, the Illinois Supreme Court filed its unanimous opinion in Karbin v. Karbin. In an opinion by Justice Charles E. Freeman, the Court overruled its twenty-six year old decision in In re Marriage of Drews and held that the plenary guardian of a disabled adult may file a divorce petition on the ward’s behalf. Following … Continue Reading
Workers’ compensation payments are excluded from income for purposes of federal income taxes. But are they “income” for purposes of calculating a party’s child support obligation? At the close of its September term, the Illinois Supreme Court announced it would resolve this question in Mayfield v. Mayfield. Mayfield presents two questions: (1) is a lump-sum workers’ compensation … Continue Reading
The authority of changing venue based on a party’s concern about not receiving a fair trial because of a biased or prejudiced jury pool can be found in section 47.101, Florida Statutes—not Florida Rule of Civil Procedure 1.060. Procedural Requirements. The statute requires that a motion to change venue contain a verified statement of facts, … Continue Reading
During its May term, the Illinois Supreme Court decided Harris v. Thompson, which posed the question of whether a public entity or employee could be held liable for negligent operation of an ambulance. At the close of its September term, the Court allowed a petition for review in Wilkins v. Williams. Wilkins poses the inevitable follow-up question … Continue Reading
