Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide variety of issues, including the "leveling the playing field" policy in the disgorgement provisions of the Illinois Marriage and Dissolution of Marriage Act … Continue Reading
A testator has held a younger man out for nearly sixty years as being his son. When the testator drafts a will stating that he has no children, is that statement a sufficient basis to plead a will challenge based on lack of testamentary capacity? On Thursday, a unanimous Supreme Court, in an opinion by Justice Robert … Continue Reading
In a unanimous opinion reversing in part Division Six of the First District, the Illinois Supreme Court has held in Ferguson v. Patton [pdf] that the Inspector General for the City of Chicago lacks the authority to retain private counsel to enforce his or her subpoenas in court. Instead, the Inspector General is required to rely … Continue Reading
On Tuesday morning, the Illinois Supreme Court gave little concrete indication of how it will likely rule during oral argument on Crittenden v. Cook County Commission on Human Rights[pdf]. Counsel for the Commission and the plaintiff both appeared and argued, but there was no appearance for the appellees. Our detailed summary of the facts and the Commission … Continue Reading
This afternoon, the Illinois Supreme Court announced that it will file two opinions in civil cases on 9:00 a.m. on Thursday morning. The upcoming opinions are: Ferguson v. Patton, Case No. 112488 – (1) Does Section 2-56-040 of the Chicago Municipal Code authorize the Inspector General of the City of Chicago to hire private counsel to … Continue Reading
Tomorrow will be a busy day for the Illinois Supreme Court’s civil docket, with five cases being argued, beginning at 9:00 a.m. They are: Wilkins v. Williams, Case No. 114310 – (1) Does the immunity conferred by the Emergency Medical Services Act, 210 ILCS 50/3.150(a), extend to the non-emergency transport of patients? (2) Does the statute … Continue Reading
The Illinois Supreme Court took an unexpected turn in its second civil decision of Friday morning, using State Bank of Cherry v. CGB Enterprises, Inc. [pdf] as a vehicle to clarify the standard which Illinois state courts should use to decide Federal law issues. In an opinion written by Justice Rita B. Garman, the Court affirmed … Continue Reading
On Friday morning, the Illinois Supreme Court delivered a strong reminder of the importance of arbitration proceedings in labor disputes. The Court unanimously reaffirmed the highly deferential standard applied to judicial review of an arbitrator’s decision in an opinion by Justice Anne M. Burke in Griggsville-Perry Community Unit School District No. 4. v. Illinois Educational Labor Relations … Continue Reading
This afternoon, the Illinois Supreme Court announced that it expects to file opinions in two civil cases at 9:00 a.m. on Friday, February 22. They are: Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, No. 113721 et seq. – May an arbitrator apply “industrial common law” to find to find that a … Continue Reading
In Gillespie Community Unit School District No. 7 v. Wight & Co., the fourth and final new civil case added to its docket at the close of the January term, the Illinois Supreme Court will address an important issue for Illinois’ architects and construction contractors: the enforcement of contractually-agreed statutes of limitations. The school district … Continue Reading
At least three different government entities are allowed by Illinois law to impose the local portion of the state’s sales taxes: home rule counties; home rule municipalities; and regional transit authorities. But what happens when a business’ operations span multiple counties — where does the sale take place for tax purposes? This question can make a difference … Continue Reading
May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority of jurisdictions around the country, the answer is simple: No. Last summer, in what the Chicago Tribune … Continue Reading
Yesterday, the Illinois Supreme Court granted leave to appeal in four new civil cases. We begin our previews of these newest additions to the court’s docket with Bartlow v. Costigan [pdf], which raises a variety of constitutional challenges to the powers of the Illinois Department of Labor under the Employee Classification Act, 820 ILCS 185/1 et … Continue Reading
In J. McIntyre Machinery, Ltd. v. Nicastro, a plurality of the United States Supreme Court held that merely placing a product into the stream of commerce with the expectation that it would wind up in the forum state was not enough to justify the exercise of personal jurisdiction over the manufacturer. Russell v. SNFA is the … Continue Reading
If a state elected official is sued for his or her official actions, may the Attorney General refuse to defend the official based solely on the allegations of the complaint? That’s the question the Supreme Court debated earlier this month during the oral argument in McFatridge v. Madigan. Our detailed preview of McFatridge, discussing the facts and … Continue Reading
The mailbox rule applies to filing an appeal from an arbitrator to the Workers Compensation Commission. Norris v. Industrial Commission. And it applies to filing an appeal from the Circuit Court’s order on administrative review to the Appellate Court. Harrisburg-Raleigh Airport Authority v. Dept. of Revenue. So does it apply to the intermediate step – initiating an administrative review … Continue Reading
A relatively quiet Illinois Supreme Court gave little indication of its leanings last week during oral argument in DeHart v. DeHart. Our preview of DeHart is here. DeHart is a will contest. According to the complaint, the decedent had held plaintiff out for some sixty years as his son. This continued until 2000, when the plaintiff requested a … Continue Reading
Based upon questioning during last week’s oral argument, the Illinois Supreme Court seemed unlikely to forgive plaintiff’s counsel for filing a notice of appeal electronically in apparent violation of the Circuit Court’s local rules. Our preview of VC&M, Ltd. v. Andrews is here. VC&M arises from a real estate dispute. The defendants, a husband and wife, signed … Continue Reading
Can a homeowners’ association private security officer stop and briefly detain a resident who is exceeding the speed limit set for the association’s privately owned roads by the Board of Directors? Can the association enforce a small fine against the homeowner for his alleged violation? On Friday morning, a unanimous Illinois Supreme Court answered "yes" to both … Continue Reading
Friday morning, a unanimous Illinois Supreme Court held that in most cases, a tort claim for intentional interference with testamentary expectancy is not subject to the six-month statute of limitations on will contests. Reversing Division Three of the First District, the Court held in Bjork v. O’Meara that so long as the plaintiff isn’t passing up … Continue Reading
With 2012 over and the January term of the Illinois Supreme Court in full swing, it’s time to look back, both on the highlights of 2012 and the first two years of Chief Justice Kilbride’s Court. For my review of the Court’s major civil decisions of 2012 – a mostly encouraging year before the Court for … Continue Reading
This afternoon, the Illinois Supreme Court announced that it will file two new civil opinions on Friday morning: Poris v. Lake Holiday Property Owners Association, No. 113907 – (1) May a property association authorize private security officers to stop and detain persons on its property for speeding on association-owned roads? (2) May such an association place … Continue Reading
The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing are expected on Monday, January 28th and decisions on petitions for leave to appeal are expected on Wednesday, January 30. The Court made substantial … Continue Reading
Our preview of the civil cases to be heard by the Illinois Supreme Court during the upcoming January term concludes with Gruszeczka v. The Illinois Workers’ Compensation Commission [pdf]. Gruszeczka poses an important question: does the mailbox rule apply to initiating judicial review of decisions of the Workers’ Compensation Commission? The claimant in Gruszeczka filed an … Continue Reading
