During its May term, the Illinois Supreme Court heard oral argument in Nelson v. Artley, which poses a question of considerable importance to the rental car industry: can a self-insured rental company be held liable without limitation for its customers’ accidents if the customer defaults? Our detailed summary of the underlying facts and lower court … Continue Reading
A pension board finds that a police officer is entitled to a line-of-duty disability pension. Is the board’s finding conclusive on the issue of whether the officer suffered a “catastrophic injury” so as to be entitled to health care premiums under the Public Safety Employee Benefits Act? The Illinois Supreme Court debated that question in … Continue Reading
About a week ago, I noticed that I was fast approaching my 500th post on Appellate Strategist. The occasion seemed to call for something different, so I started pondering what I might want to write about. As it turns out, this comes at a time of transition over at Appellate Strategist‘s sister blog, the Illinois … Continue Reading
In the closing days of its May term, the Illinois Supreme Court heard oral arguments in Klaine v. Southern Illinois Hospital Services, which poses an issue of potential importance to the medical malpractice bar: are applications for medical privileges discoverable in a negligent credentialing claim in a medical malpractice case? Our detailed summary of the … Continue Reading
According to the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101), the statute of limitations for personal injury actions against “local public entities” is one year. So is a Zoo a “local public entity”? That’s the question the Illinois Supreme Court debated during its May term, hearing oral argument in O’Toole v. … Continue Reading
During its May term, the Illinois Supreme Court heard oral argument in Gurba v. Community High School District No. 155, a decision from the Second District which poses the question: are school districts subject to local zoning? Based upon the questioning patterns in oral argument, the Court appeared skeptical of the school district’s claim. Our … Continue Reading
During the May term, the Illinois Supreme Court heard oral argument in Price v. Philip Morris, Inc., the second appeal from a massive $10.1 billion consumer fraud verdict. Price poses the question of how much discretion a trial court has on a motion to set aside a verdict based upon new and different circumstances. Our … Continue Reading
During its May term, the Illinois Supreme Court heard oral arguments in Henderson Square Condominium Association v. LAB Townhomes, a case posing several related questions about the scope of a developer’s tort duties in connection with a several-years-old building. Our detailed summary of the facts and lower court holdings in Henderson Square is here. The … Continue Reading
During its May term, an apparently skeptical Illinois Supreme Court heard oral arguments in Walker v. McGuire, a constitutional challenge to a fee (735 ILCS 5/15-1504.1) on foreclosure filings to support a state foreclosure prevention program. Walker began when the plaintiff paid the fee and filed suit for a refund, challenging the constitutionality of the … Continue Reading
Late in its May term, the Illinois Supreme Court heard oral arguments in Matthews v. Chicago Transit Authority, which poses the question of whether the health care benefits of Chicago Transit Authority employees and retirees are vested, and therefore immune from reduction. Our detailed summary of the underlying facts and lower court holdings in Matthews … Continue Reading
Federal law provides that Social Security benefits cannot be divided between spouses in a divorce settlement (as well as being exempt from execution, attachment, garnishment and bankruptcy distribution – virtually the only exception is spousal and child support). (42 U.S.C. § 407(a).) But if one spouse participates in an alternative pension system instead of Social … Continue Reading
May a plaintiff adapt the procedure found in Illinois Supreme Court Rule 224 to get a court order requiring an internet service provider to identify the author of an anonymous internet comment? Earlier this month, a unanimous Illinois Supreme Court held that the answer was “yes.” Our detailed summary of the underlying facts and lower … Continue Reading
According to Section 11-501.6 of the Illinois Vehicle Code, any driver involved in a fatal motor vehicle accident consents as a matter of law to chemical testing. (625 ILCS 5/11-501.6.) If the driver refuses to permit the test, his or her driver’s license is automatically suspended by the Secretary of State. During its May term, … Continue Reading
Can a personal injury claim be barred by judicial estoppel if you fail to disclose the unliquidated claim in your personal bankruptcy proceeding? That’s the issue posed by Seymour v. Collins, currently pending before the Illinois Supreme Court. Based upon the vigorous questioning of plaintiffs during oral argument last month, the Supreme Court appears inclined … Continue Reading
In the closing days of its May term, the Illinois Supreme Court agreed to decide an important issue for the construction industry: can a mechanic’s lien be enforced in connection with a project which is cancelled before completion? Christopher B. Burke Engineering, Ltd. v. Heritage Bank of Central Illinois arises from a contract between plaintiff … Continue Reading
In the closing days of its May term, the Illinois Supreme Court agreed to decide a question with potential implications for virtually every civil case: does a trial court have discretion to consider whether a litigant trying to exercise their “one free challenge” of the judge had an opportunity to test the judge’s views in … Continue Reading
Supreme Court Rule 137(d) provides that “where a sanction is imposed under this rule,” the trial court judge “shall set forth with specificity the reasons and basis of any sanction so imposed.” A majority of the Justices of the Illinois Supreme Court appeared skeptical during oral argument last month of the Fifth District’s holding in … Continue Reading
Section 2-1401 of the Illinois Code of Civil Procedure provides that courts may grant relief from a judgment on petition made within thirty days of the original entry of the judgment. The statute further provides that the old common law writs which served similar purposes, such as writs of error coram nobis and coram vobis, … Continue Reading
In the closing days of the May term, the Illinois Supreme Court unanimously declined an invitation to create a tort cause of action for wrongful death in cases where the decedent committed suicide. Our detailed summary of the underlying facts and lower court decisions in Turcios v. The DeBruler Company is here. Our report on … Continue Reading
In the closing days of the recently concluded May term, the Illinois Supreme Court handed down its decision in Marks v. Vanderventer, unanimously upholding the constitutionality of a statewide surcharge on the recording of deeds. Our report on the oral argument in Marks is here. As enacted in 2005, the statute challenged in Marks required … Continue Reading
[The following post was originally published on Law360.com on February 12, 2015.] For the last two years (see here and here), we’ve taken a close statistical look at the previous year’s decisions from the Illinois Supreme Court to see what insights could be gained about the court’s voting patterns and decision-making dynamics. In 2014, the … Continue Reading
Yesterday, a unanimous Illinois Supreme Court resolved an important question for the health care industry. In an unanimous opinion by Justice Mary Jane Theis, the Court held in McVey v. M.L.K. Enterprises, LLC that a health care provider’s lien on a tort recovery cannot be reduced by a share of attorneys’ fees and costs before … Continue Reading
As we predicted, the Illinois Supreme Court has unanimously struck down the state Public Pension Reform Act. The Court’s opinion was written by Justice Lloyd Karmeier. We’ve written extensively about the background of the pension debate and the legal issues involved over the past year. For a guide to our previous posts, both here and … Continue Reading
In the closing days of the March term, the Illinois Supreme Court heard oral arguments in Coleman v. East Joliet Fire Protection District, a case from the Third District. Coleman poses the question of whether public entities and their employees owe a tort duty of care to callers to 911 emergency lines. Our detailed summary … Continue Reading
