Our second new grant of the May term at the Illinois Supreme Court is McFatridge v. Madigan [pdf]. McFatridge involves a simple question: if an elected official gets sued for his or her official actions, who pays the lawyer? Turns out, there’s conflicting statutory language on that one. Plaintiff used to be the State’s Attorney — an … Continue Reading
Today we begin a new feature for Appellate Strategist — detailed previews of civil cases just granted review in the latest term of the Illinois Supreme Court. This week we will review the late May grants, and the feature will continue shortly after the end of each term of the Court. Poris v. Lake Holiday Property … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, May 24, it will file opinions in two civil cases [pdf]: Bonhomme v. James, No. 112393 et al. — (1) Should the tort of fraudulent misrepresentation be extended to a largely personal setting on the facts pleaded? (2) Did the plaintiff plead justifiable … Continue Reading
Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are: May 22: Moore v. Chicago Park District, No. 112788 – Does an unnatural accumulation of snow and ice constitute … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, April 19, it will file an opinion in one civil case [pdf]: Santiago v. E. W. Bliss Co., No. 111792 – When an injured plaintiff intentionally files a complaint using a fictitious name, without leave of court as provided in 735 ILCS 5/2-401, … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, October 27, it will file opinions in two civil cases [pdf]: A.B.A.T.E. v. Giannoulias, No. 110611 — Does a state statute permitting the transfer of funds from the Cycle Rider Safety Training Fund to the General Revenue Fund violate the Takings Clause of … Continue Reading
This afternoon the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues presented in each, are: September 20: Simpkins v. CSX Corporation, No. 110662 — Does an employer owe a tort duty of due … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, June 16, it will file opinions in four civil cases [pdf]: Studt v. Sherman Health Systems, No. 108182— Does the Illinois pattern jury instruction on professional negligence (Civil No. 105.01) correctly state the applicable standards? See Tort Law. Sheffler v. Commonwealth Edison Co., … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, May 19th, it will file opinions in four civil cases (pdf): General Motors Corporation v. Pappas, No. 108893— (1) Does the 2005 amendment to the Property Tax Code, 35 ILCS 200/23-20, providing for the payment of interest on property tax refunds at the … Continue Reading
On Friday the Illinois Supreme Court published its Call of the Docket [pdf] for the May term, and the Court will hear oral argument in five civil cases. The cases, with the issue or issues presented in each, are: May 11: Palm v. 2800 Lake Shore Drive Condominium Association,No. 110505 – Are the provisions of the … Continue Reading
The Illinois Supreme Court has announced that on the morning of Thursday, March 24th, it will file opinions in five civil cases (pdf): Williams v. Board of Review, No. 109469—Was terminated employee entitled to a good cause extension of the statutory deadline requiring that an eligible worker must enroll in an approved training program within … Continue Reading
This afternoon, the Illinois Supreme Court published its Call of the Docket [pdf] for the March term, and the Court will hear oral argument in six civil cases. The cases, with the issue or issues presented in each, are: March 16: Sheffler v. Commonwealth Edison Co.,No. 110166 – Does a complaint seeking both injunctive relief and … Continue Reading
This afternoon, the Illinois Supreme Court published its Call of the Docket for the November term, and the Court will hear oral argument in fifteen civil cases. The cases, with the issue or issues presented in each, are: November 10: General Motors Corp. v. Pappas, No. 108893 – (1) Does the 2005 amendment to the Property … Continue Reading
In Illinois, as in many states, a defendant can’t include settled defendants on the verdict form, seeking an apportionment of fault. So is there a way to make a settled defendant’s conduct admissible? Last week, the Illinois Supreme Court answered "yes." Ready v. United/Goedecke Services arose from the death a construction worker in an accident … Continue Reading
The Illinois Supreme Court announced this afternoon that on the morning of Thursday, October 21, it will file opinions in four civil cases: J. P. Morgan Chase Bank, N.A. v. Earth Foods, Inc., No. 107682 — Does Section 1 of the Sureties Act, 740 ILCS 155/1, also apply to guarantors? In re Estate of … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of whether a complaint seeking injunctive and damages relief in connection with defendant’s alleged failure to give priority, in restoring power after … Continue Reading
An insurance policy required that the insured "immediately record the specifics of the claim" and "see to it that we receive written notice of the claim . . . as soon as practicable." The insured waited 27 months before giving its insurer written notice of a defamation suit. The Appellate Court held that the insured … Continue Reading
Last week, the Illinois Supreme Court filed opinions resolving four new civil cases: Hubble v. Bi-State Development Agency of the Illinois-Missouri Metropolitan District, [pdf] No. 109137 — In a personal injury action, the Court held that the Bi-State Development Agency, which was created by an interstate compact between Illinois and Missouri, is a "local public … Continue Reading
The members of the Illinois Supreme Court have selected Supreme Court Justice Thomas L. Kilbride as the new Chief Justice. Justice Kilbride will begin his term on October 26, 2010, following the retirement of Chief Justice Thomas Fitzgerald. Justice Kilbride received his law degree from Antioch School of Law in Washington, D.C. in 1981. He practiced law … Continue Reading
The beginning of the Illinois Supreme Court’s September docket was overshadowed this week by a surprise announcement from Chief Justice Thomas R. Fitzgerald. Chief Justice Fitzgerald told his colleagues that he had been diagnosed with Parkinson’s Disease, and would retire from the Court effective October 25, 2010, rather than running for a full ten-year term. Chief … Continue Reading
The Illinois Supreme Court has announced its oral argument calendar [pdf] for the upcoming September term, and it contains just one civil case. On September 22, 2010, the Court will hear argument in Hossfeld v. Illinois State Board of Elections, No. 109725. Hossfeld involves the question of whether the appellant was a qualified primary voter for … Continue Reading
Snow and ice are a fact of life in Chicago during the winter months. So what duties of care do government agencies, individuals and businesses have in relation to dealing with winter conditions? The Illinois Supreme Court addressed this important issue late last week in Krywin v. The Chicago Transit Authority [pdf]. Illinois has long followed the … Continue Reading
The Illinois Supreme Court announced yesterday afternoon that it will release two opinions [pdf] on the morning of Thursday, July 15th, including one civil case: No. 108888, Krywin v. Chicago Transit Authority, which presents the issue of whether the “natural accumulations rule,” which provides that a business owner generally has no duty to take precautions … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Uldrych v. VHS of Illinois, Inc., Williams v. Board of Review, 2010 WL 743894 (1st Dist., 2010), which involves the question of whether implied indemnity actions are subject to the four-year statute of repose governing actions … Continue Reading
