The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Jurisdictions

Subscribe to Jurisdictions RSS Feed

Illinois Supreme Court Holds Innocent Misrepresentation on Malpractice Renewal Grounds for Rescission

Posted in Illinois
A law firm partner innocently repeats a misrepresentation by one of his or her partners on a renewal form for the firm’s malpractice insurance. Can the misrepresentation be grounds for completely rescinding the policy? On February 20, a divided Illinois Supreme Court held that the answer was “yes,” reversing an Appellate Court judgment in Illinois [&hellip… Continue Reading

Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

Posted in Illinois
The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his action. Is the plaintiff’s class claim moot? That’s the question that the Illinois Supreme Court agreed to decide in the closing days [&hellip… Continue Reading

Illinois Supreme Court Debates Anonymity of Internet Poster

Posted in Illinois
In the closing days of its January term, the Illinois Supreme Court heard oral argument in Hadley v. Subscriber Doe. Hadley poses the question of whether the defendant is entitled to quash the plaintiff’s subpoena seeking to discover the identity of an anonymous internet poster. Our detailed summary of the underlying facts and lower court [&hellip… Continue Reading

Illinois Supreme Court Agrees to Decide Breadth of Misconduct Exception for Unemployment Benefits

Posted in Illinois
In the closing days of its January term, the Illinois Supreme Court agreed to hear a case from Division 5 of the First District, Petrovic v. The Department of Employment Security. Petrovic presents an interesting issue on the merits – exactly what has to be proven to trigger the exception to unemployment compensation for employees [&hellip… Continue Reading

Illinois Supreme Court Debates Jurisdictional Issues in Child Custody Case

Posted in Illinois
A Circuit Court has subject matter jurisdiction to enter a child custody order pursuant to the Illinois Constitution. But the Court apparently lacks jurisdiction to proceed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (750 ILCS 36/201). If the Circuit Court proceeds anyway, is the resulting order void, voidable, or something else? In [&hellip… Continue Reading

The Illinois Pension Plaintiffs’ Brief: The Cause of State Underfunding, and The Constitutional Convention Revisited

Posted in Illinois, Pension Reform Litigation
As we’ve written here, here and here, the plaintiffs in the Pension Reform Litigation pending before the Illinois Supreme Court needed to accomplish three things in their Appellees’ Briefs to put themselves in a position to prevail – answer the State’s construction of: (1) the history that led to the Pension Reform Act; (2) the [&hellip… Continue Reading

Illinois Supreme Court Agrees to Decide Whether a Condo Foreclosure Extinguishes Association’s Lien

Posted in Illinois
In the closing days of its January term, the Illinois Supreme Court agreed to decide an issue of considerable potential importance to the real estate bar – when does a foreclosure sale on a condominium unit extinguish the Association’s lien for assessments incurred before the sale closed?  In 1010 Lake Shore Association v. Deutsche Bank [&hellip… Continue Reading

Illinois Supreme Court Agrees To Decide If School Districts are Subject to Local Zoning

Posted in Illinois
In the closing days of its January term, the Illinois Supreme Court agreed to decide a question involving the potential collision of several different aspects of Illinois constitutional law: are school districts subject to local zoning?  The case is Gurba v. Community High School District No. 155, a decision from the Second District. Gurba began [&hellip… Continue Reading

Pensions at the Constitutional Convention, Part III: The Opponents and the Vote

Posted in Illinois, Pension Reform Litigation
We conclude our discussion of the July 21, 1970 debate on the Pension Protection Clause at the Illinois Constitutional Convention.  Today, we’ll take a look at more statements by opponents of the measure, the summations by the co-sponsors, and the vote. After Delegate Kinney’s remarks, Delegate Lyons, the Vice-President of the Convention, spoke.  “I am [&hellip… Continue Reading

Illinois Supreme Court Debates Implied Right of Action Against Clerk for Miscalculating Prison Sentence

Posted in Illinois
During its January term, the Illinois Supreme Court heard oral arguments in Cowper v. Nyberg, a case from the Fifth District posing a novel question: does a prisoner have an implied right of action against the circuit clerk and county sheriff for failing to accurately calculate the credit he or she is due against a [&hellip… Continue Reading

Pensions at the Constitutional Convention, Part II: The Clause is Introduced

Posted in Illinois, Pension Reform Litigation
Although there were several reasons for the 1970 Illinois Constitutional Convention, public pensions became a major subject of discussion in the weeks before the delegates gathered.  Elmer Getz, the Chair of the Convention’s Bill of Rights Committee, wrote: “I began to receive an extraordinary number of communications on the pension and retirement rights of government [&hellip… Continue Reading

Pensions at the Constitutional Convention, Part I: The New Jersey Spina Decision

Posted in Illinois, Pension Reform Litigation
One of the central issues in the ongoing battle, now pending before the Illinois Supreme Court, is about what the delegates to the Constitutional Convention of 1970 who adopted Illinois’ Pension Protection Clause understood the Clause to mean. The State argues in defense of the pension reform bill that the Clause was merely intended to [&hellip… Continue Reading

Illinois Supreme Court Affirms Revenue Decoupling for Natural Gas Rates

Posted in Illinois
In the closing days of its January term, the Illinois Supreme Court unanimously affirmed the Appellate Court’s decision in People ex rel. Madigan v. Illinois Commerce Commission, approving the use of the so-called volume-balancing-adjustment rider (or “Rider VBA”) on a natural gas utility’s bills.  Our detailed summary of the facts and Commission and court opinions [&hellip… Continue Reading

Illinois Supreme Court Affirms Constitutionality of Nursing Home Bed Tax

Posted in Illinois
In the closing days of its January term, a unanimous Illinois Supreme Court upheld the constitutionality of a “bed tax” on Illinois nursing homes, reversing the Circuit Court’s judgment that the tax violates the state constitution’s Uniformity Clause.  The statute, 305 ILCS 5/5E-10, imposes a “fee” of “$1.50 for each licensed nursing bed day for [&hellip… Continue Reading

State’s Defense of Pension Reform: Constitutional Convention Couldn’t Make Pension Protection Absolute (Even If It Wanted To)

Posted in Illinois, Pension Reform Litigation
Today we continue our discussion of the centerpiece of the Illinois Supreme Court’s civil docket – the public pension reform case – with a look at the State’s Opening Brief, which was filed January 12, 2015.  As we’ll see below, the State’s defense of the Pension Reform bill almost certainly sets up an all-out fight [&hellip… Continue Reading

Illinois Supreme Court Affirms Circuit Court Jurisdiction Over Workers Comp Referral Fee Disputes

Posted in Illinois
The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission.  But what if one of the attorneys didn’t appear before the Commission, and the contract is largely for referral fees?  Unanimously affirming the Appellate Court in Ferris, Thompson & Zweig, Ltd. v. Esposito, the Illinois [&hellip… Continue Reading

Illinois Supreme Court Denies All Ten Amici Requests in Support of State in Pension Appeal

Posted in Illinois, Pension Reform Litigation
Over four days in mid-January, no fewer than ten entities – public entities, charitable institutions and individuals – filed motions for leave to file amicus briefs in support of the State’s defense of the public pension reform statute.  All told, the amici amounted to 265 pages of briefing, on top of the State’s own fifty [&hellip… Continue Reading

Illinois Supreme Court Dismisses Appeal on Interlocutory “Rules of Road” Custody Orders

Posted in Illinois
What procedural and substantive rights are potentially impacted by “rules of the road” orders in child custody cases – interlocutory orders which regulate what the contending parents can and can’t do in interacting with their children while the divorce case is pending?  That’s the issue presented by In re Marriage of Eckersall.  Last week, the [&hellip… Continue Reading