Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with People ex rel. Madigan v. Illinois Commerce Commission. Madigan poses a question involving the jurisdiction of the Illinois Commerce Commission, which is responsible for regulating public utilities operating in the state: are volume-balancing-adjustment ("VBA") riders to approved rate schedules for natural … Continue Reading
Our previews of the newest additions to the Illinois Supreme Court’s docket continue with Garlick v. Madigan, a unpublished decision from Division One of the First District which poses this interesting question: is a government entity required to treat a private citizen and a media outlet the same for purposes of requests under the state … Continue Reading
Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The Village of Antioch, a case out of the Second District which poses a potentially important question for cash-strapped local … Continue Reading
In Illinois (as in every other state), when an insurance company becomes insolvent and an order of liquidation is entered, the Illinois Insurance Guaranty Fund steps in and pays claims that the insolvent carrier could not pay. The Fund’s liability is capped at $300,000, but that cap isn’t applicable to “workers compensation claims.” Skokie Castings, Inc. v. … Continue Reading
As I mentioned earlier this week in discussing Performance Marketing, the Illinois Supreme Court has been a somewhat cool audience over the past ten years for constitutional claims. That’s why it was mildly surprising late last week to see the Court strike down two statutes in a single morning. The first, of course, was Performance Marketing, in … Continue Reading
On Friday morning, the Illinois Supreme Court pointed out a trap for the unwary in an unexpected place – what happens if a complaint is filed, but unbeknownst to the plaintiff, the defendant had died several months earlier? In Relf v. Shatayeva, Justice Lloyd A. Karmeier, writing for a six-Justice majority, reversed the Appellate Court’s judgment … Continue Reading
On Friday morning, the Illinois Supreme Court handed down its opinion in one of its most high-profile pending cases. The Court held in Performance Marketing Association, Inc. v. Hamer that the federal Internet Tax Freedom Act (ITFA) preempted the Illinois "Click-Through" Act, also known as the "Amazon tax" – becoming (according to lone dissenter Justice Lloyd … Continue Reading
Although the question presented in Prazen v. Shoop was limited to the field of public pensions, the case presented interesting aspects of fiduciary law and statutory construction as well. The question in Prazen was whether the Illinois Municipal Retirement Fund – a board with fiduciary duties under the Pension Code – had the authority to declare … Continue Reading
With only one term left in 2013, it’s time to take another look at the Illinois Supreme Court questions log. In its first four terms, the Court has heard argument in twenty-eight civil cases. Questioning continues to vary widely from case to case, from a low of eight questions in DeHart v. DeHart and Russell v. … Continue Reading
When does an independent contractor become a public utility? That’s the question the Illinois Supreme Court debated during the September term in People ex rel. Department of Labor v. E.R.H. Enterprises, Inc. Based upon the heavy questioning of both sides, the Justices of the Court appear to be conflicted. The Labor Department issued defendants a subpoena for … Continue Reading
Although Kanerva v. Weems was the marquee case on public pensions for the September term of the Illinois Supreme Court, it wasn’t the only such case on the docket. But if the oral argument is any indication, the retirees in Hooker v. Retirement Fund of the Firemen’s Annuity and Benefit Fund of Chicago seem poised to … Continue Reading
This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act provides that a court can order disgorgement of one party’s attorneys fees in order to enable the other party to pay his or her attorney. A … Continue Reading
A major taxpayer files 28 separate applications seeking certification of various systems, methods, devices and facilities as "pollution control facilities" within the meaning of the Property Tax Code. If the applications are granted, around $1.2 billion will allegedly disappear from the School Board’s tax base. When the Pollution Control Board denies the School Board’s motions for leave … Continue Reading
Where does a sale take place for purposes of the local portion of the state sales tax? For lots of localized businesses, it’s a straightforward question. But what about businesses that operate in multiple counties — particularly where some portion of the sales function is separated from the rest of the day to day business? That’s the question … Continue Reading
Yesterday afternoon, the Illinois Supreme Court posted notice that it expects to issue opinions in three cases on Thursday morning at 10:00 a.m., including one civil case, In re Marriage of Earlywine. Earlywine presents an interesting issue at the intersection between the law of attorneys’ fees and domestic relations: In re Marriage of Earlywine, No. 114779: … Continue Reading
When the Appellate Court’s decision came down, the Chicago Tribune called it a "ground-breaking decision that "has stunned the condominium community nationwide." So will the Illinois Supreme Court overturn the Second District’s controversial decision in Spanish Court Two Condominium Association v. Carlson? Based on the oral argument last week, it’s difficult to be certain; several members of … Continue Reading
On Wednesday morning, the Illinois Supreme Court allowed petitions for review in a long list of new civil cases, setting up interesting battles in the coming months over public works projects, the state Freedom of Information Act, an assortment of constitutional issues and the City of Chicago’s Red Light Camera Ordinance. We will begin our detailed … Continue Reading
Last week, the Illinois Supreme Court seemed poised to reject an expansive interpretation of the "traveling employee" exception to the "going and coming" rule, which holds that employees injured during their commute to work are not entitled to workers’ compensation benefits for their injuries. The argument was in Venture-Newberg Perini Stone & Webster v. Illinois Workers’ … Continue Reading
Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings? During oral argument last week, the Illinois Supreme Court seemed skeptical. Our detailed summary of the underlying facts and lower court decisions is here. Our preview of the argument is here. … Continue Reading
Our reports on the oral arguments from the September term of the Illinois Supreme Court continue with last week’s argument in Schultz v. Performance Lighting, Inc. Our detailed summary of the underlying facts and lower court rulings in Schultz is here. Our preview of the oral argument is here. The plaintiff obtained a divorce in 2009 and … Continue Reading
With the Illinois Supreme Court asking somewhat fewer questions than it generally does, it was unclear how the Court might decide Rogers v. Imeri, the Dramshop Act case the Court heard last week. Our detailed summary of the underlying facts and lower court decisions in Rogers is here. Our preview of the argument is here. Rogers … Continue Reading
This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys splitting argument time for the plaintiffs with sixteen questions during their opening, many of which echoed various points made in the Circuit … Continue Reading
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in what may prove to be a precursor of larger battles yet to come in the next few years – an all-out battle over whatever public pension reform package the legislature adopts. Tomorrow, the case at hand is Kanerva v. Weems, which presents the question of … Continue Reading
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Rogers v. Imeri. Rogers poses the question when the Dramshop Act recovery cap applies and other defendants have settled, how is the maximum exposure of the Illinois Insurance Guaranty Fund calculated? Our detailed summary of the facts and lower court opinions in Rogers is here. Rogers arose … Continue Reading
