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The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Jurisdictions

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Illinois Supreme Court Debates Scope of Accountant-Client Privilege in Will Contests

Posted in Illinois
Last week, the Illinois Supreme Court heard oral argument in Brunton v. Kruger.  Brunton involves the scope of the accountant-client privilege – specifically, what happens to that privilege after the client dies, and how the privilege can be waived.  Our detailed summary of the facts and lower court opinions in Bruton is here. An accounting … Continue Reading

Illinois Supreme Court Debates Scope of Tort Duty for Insurance Agents

Posted in Illinois
Last week, the Illinois Supreme Court began hearing arguments from its civil docket with Skaperdas v. Country Casualty Insurance Company.  Skaperdas poses a major question for the insurance industry: does a “captive” insurance agent who only represents a single insurer owe customers a tort duty of care in obtaining insurance?  Our detailed summary of the … Continue Reading

Illinois Supreme Court Debates “Rules of the Road” Orders in Custody Disputes

Posted in Illinois
  It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying what the parents can and can’t do with the children. The centerpiece of these orders is usually that neither … Continue Reading

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

Posted in Illinois
  In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older landfills in cases that were already pending at the time of the amendment? That’s the question the Illinois Supreme Court debated during its November … Continue Reading

Illinois Supreme Court Debates Whether Treasurer Needs Appellate Bond

Posted in Illinois
  Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial review of a workers comp decision, strict compliance with the steps set forth in the Act are required. One of those steps is … Continue Reading

Illinois Supreme Court Debates Workers’ Comp Commission and Attorneys’ Fees

Posted in Illinois
Does the Workers’ Compensation Commission have exclusive jurisdiction over a plaintiff’s claim for breach of an agreement to pay referral fees in connection with two workers’ compensation cases? That’s the question the Illinois Supreme Court debated during its November term, hearing oral argument in Ferris, Thompson and Zweig, Ltd. v. Esposito. Our detailed summary of the underlying … Continue Reading

Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine

Posted in Illinois
Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois Supreme Court debated during its November term in Illinois State Bar Association Mutual Insurance Co. v. Law Office of Tuzzolino … Continue Reading

Illinois Supreme Court Adopts Accelerated Schedule for Pension Law Appeal

Posted in Illinois
The Illinois Supreme Court announced that the centerpiece of its civil docket for 2015, the State’s appeal from the Circuit Court’s order striking down public pension reform, will be heard on a “rocket docket” schedule. The State’s opening brief will be due January 12. The appellees’ brief is due February 16, and the State’s reply brief will … Continue Reading

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following issue: did the Illinois Educational Labor Relations Board err in finding that the Chicago Board of Education was guilty … Continue Reading

Illinois Supreme Court Agrees to Decide Breadth of Condo Developer’s Tort Duties

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to review a decision from Division 5 of the First District with potentially significant implications for developers: Henderson Square Condominium Association v. LAB Townhomes. Henderson Square poses several related questions about the marketing of condominium units and the breadth of a developer’s duties … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Pension Board’s Disability Finding is Preclusive in Employee Benefits Act Proceedings

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health insurance premiums under the Public Safety Employees Act. In The Village of Vernon Hills v. Heelan, the Second District held … Continue Reading

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent credentialing claim in a medical malpractice case? The question arises in a decision from the Fifth District, Klaine v. Southern … Continue Reading

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company’s Liability for Customers’ Accidents

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without limitation for its customers’ accidents if the customer defaults?  In Nelson v. Artley, Division Two of the First District Appellate … Continue Reading

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Posted in Illinois
  Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the Appellate Court in Michael v. Precision Alliance Group, LLC, the Court held that where an employer chooses to give a valid, nonpretextual … Continue Reading

Illinois Supreme Court Agrees to Decide Whether a Zoo is a “Local Public Entity”

Posted in Illinois
The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public entity,” the limitations period is one year. In the closing days of its November term, the Illinois Supreme Court agreed to decide … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

Posted in Illinois
In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must attorneys’ fees and costs be deducted from a tort settlement before a lien under the Health Care Services Lien … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Failing to Give Reasons in Order on Sanctions Motion is Reversible Error

Posted in Illinois
In the closing days of its November term, the Illinois Supreme Court agreed to decide a simple issue with potential implications across a wide variety of civil litigation: is a trial court’s order granting or denying sanctions under Supreme Court Rule 137 per se reversible error when it fails to include reasons for the trial … Continue Reading