The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Category Archives: Illinois

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Illinois Supreme Court Sides With Chicago Board of Education in “Do Not Hire” Union Dispute

Posted in Illinois
This morning, a majority of the Illinois Supreme Court sided with the Chicago Board of Education in a dispute with its teachers union, holding in The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board that the Board of Education was not required to participate in mandatory arbitration over… Continue Reading

Illinois Supreme Court Rejects Broad Construction of Judge Challenge Statute

Posted in Illinois
A litigant files suit, litigates for several years, and then, prior to trial, exercises her right to voluntarily dismiss the action without prejudice. Not long after, she refiles the action and is assigned (apparently by chance) to the same judge. The litigant attempts to exercise her statutory right to one automatic substitution of judge under… Continue Reading

Illinois Supreme Court Agrees to Clarify When Workers’ Comp Settlement Eliminates Contribution Claim from Third-Party Tortfeasor

Posted in Illinois
According to Section 2 of the Contribution Act, when a party settles a claim in good faith against one tortfeasor, the finding of good faith automatically discharges that tortfeasor from any liability for contribution to another tortfeasor. (740 ILCS 100/2.) On the final day of its November term, the Illinois Supreme Court allowed a petition… Continue Reading

Illinois Supreme Court Agrees to Decide Constitutionality of Property Tax Exemption for Aviation Firm

Posted in Illinois
It’s not at all uncommon for state and local governments to use targeted tax breaks as a tool for encouraging economic growth, giving various types of businesses – and sometimes, single major employers – incentives to expand their operations. On the final day of the November term, the Illinois Supreme Court agreed to decide the… Continue Reading

Illinois Supreme Court Agrees to Revisit 67-Year-Old Precedent Holding that Temporary Flooding Cannot Constitute a Taking

Posted in Illinois
On the final day of the November term, the Illinois Supreme Court agreed to hear Hampton v. Metropolitan Water Reclamation District of Greater Chicago. Hampton poses a simple question: should the Court overrule its 1948 decision in People ex rel. Pratt v. Rosenfield holding that temporary flooding caused by government action can never constitute a… Continue Reading

Illinois Supreme Court Debates Requiring Attorneys in Administrative Hearings

Posted in Illinois
During the recently concluded November term, the Illinois Supreme Court heard oral argument in Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings, a decision from the First District of Division One. Stone Street poses a question with possibly serious implications for administrative law in Illinois: do corporations have to be represented… Continue Reading

Illinois Supreme Court Affirms Judgment Against Buyer in Foreclosure for Pre-Sale Condo Assessments

Posted in Illinois
Can the person or entity buying a condominium in a foreclosure sale ever be held liable for condominium assessments which accrued prior to the sale? This morning, a unanimous Illinois Supreme Court held in 1010 Lake Shore Association v. Deutsche Bank National Trust Company that the answer was “yes.” Our detailed summary of the facts… Continue Reading

Illinois Supreme Court Holds Engineer’s Services on Cancelled Project Subject to Lien

Posted in Illinois
An engineering firm surveys a tract of land, prepares and records a plat, conducts a wetlands survey, and provides various services for planning roads, utilities and sewers for a proposed subdivision. But ultimately, the developer declares bankruptcy and the project is cancelled. Can the engineering firm record a valid mechanics lien? In Christopher B. Burke… Continue Reading

Divided Illinois Supreme Court Clears Way For Lawsuit Challenging Construction of Condo Development

Posted in Illinois
In early November, a sharply divided Illinois Supreme Court cleared the way for claims against the developer and contractor involved in a now 19-year-old condominium development, narrowly affirming the Appellate Court decision in Henderson Square Condominium Association v. LAB Townhomes, LLC. Our detailed summary of the underlying facts and lower court opinions in Henderson Square… Continue Reading

Illinois Supreme Court Debates Whether State Union Deals Conditional on Appropriations

Posted in Illinois
The state government enters into a contract with an employee union calling for pay increases for thousands of employees. The state legislature fails to appropriate enough money to cover the increases. Is the state in breach of contract, or was the state’s contractual promise to pay the increases conditional on the legislature actually appropriating the… Continue Reading

Illinois Supreme Court Seems Skeptical of Narrow Misconduct Exception to Unemployment Benefits

Posted in Illinois
In the closing days of its September term, the Illinois Supreme Court heard oral argument in Petrovic v. The Department of Employment Security, a case posing the question of exactly what has to be proven to trigger the exception to unemployment compensation for employees terminated for misconduct. Based upon the content and number of questions,… Continue Reading

Illinois Supreme Court Debates FutureGen Jurisdictional Dispute

Posted in Illinois
During its September term, the Illinois Supreme Court heard oral argument in Commonwealth Edison Co. v. Illinois Commerce Commission, which poses important issues about the scope of the Illinois Commerce Commission’s jurisdiction over Illinois utilities. Our detailed summary of the underlying facts and court rulings is here. In 1997, the Illinois legislature sought to restructure… Continue Reading

Illinois Supreme Court Debates Whether Foreclosure Sale Extinguishes Association Lien for Condo Assessments

Posted in Illinois
In the closing days of its September term, the Illinois Supreme Court heard oral argument in 1010 Lake Shore Association v. Deutsche Bank National Trust Company. 1010 Lake Shore poses the question of whether a foreclosure sale on a condominium unit extinguishes the homeowners’ association’s lien for assessments which came due before the sale closed.… Continue Reading

Illinois Supreme Court Holds Summary Certification Motion Filed Concurrently With Class Complaint Prevents “Pick-Off”

Posted in Illinois
In Barber v. American Airlines, Inc., the Illinois Supreme Court held that a class action complaint may be rendered moot if the defendant tenders full relief to the plaintiff before a class certification motion is filed – what’s been called a “pick-off” of the putative class representative. But what qualifies as a “class certification motion”… Continue Reading

Illinois Supreme Court Agrees to Decide Whether Discovery Rule Applies to Wrongful Death

Posted in Illinois
The discovery rule provides that under certain circumstances, a statute of limitations is tolled until the plaintiff knows not only of his or her injury, but knows or reasonably should know that the injury was likely negligently caused. Does the discovery rule apply to the statute of limitations for wrongful death claims? The Illinois Supreme… Continue Reading

Illinois Supreme Court Upholds Right of Rescission for Trust in Reverse Mortgage Foreclosure

Posted in Illinois
The federal Truth in Lending Act provides that in all consumer credit transactions involving a retained security interest in the principal dwelling of the borrower, the lender is required to provide the borrower with certain disclosure statements. If those disclosures aren’t made, the consumer may rescind the transaction for up to three years. In Financial… Continue Reading

Illinois Supreme Court Holds Mandatory Revocation Driver’s License Statute Unconstitutional as Applied

Posted in Illinois
Section 11-501.6 of the Illinois Vehicle Code provides that when a driver is arrested for a traffic violation related to a fatality or serious personal injury, he or she automatically consents to chemical testing for alcohol and drugs. The statute provides that if the driver refuses to submit to the test, his or her license… Continue Reading