Under Illinois law, claims for medical malpractice are subject to a four-year statute of repose (735 ILCS 5/13-212(a).) The statute of limitations is two years, but the statute also provides for application of the relation back doctrine (735 ILCS 5/2-616(b).) In late September, the Illinois Supreme Court agreed to decide whether the statute of repose … Continue Reading
While participating in a social event at a college fraternity, a young man becomes intoxicated, loses consciousness, and ultimately dies. Is there any theory pursuant to which the officers, pledge board members or even the fraternity itself might be liable to the young man’s estate in tort? The Illinois Supreme Court agreed to decide these … Continue Reading
The Illinois state Freedom of Information Act applies broadly to any “public body” in state or local government. The Act defines “public body” to include subsidiaries of any public body, “including but not limited to committees and subcommittees thereof.” The Act does not, however, expressly define what is meant by a “subsidiary public body.” The … Continue Reading
Illinois law provides that any owner, lessor, occupant or other person in charge of residential property who “removes or attempts to remove snow or ice” from sidewalks is immunized from negligence claims arising from his or her acts or omissions absent a showing of willful or wanton conduct. 745 ILCS 75/0.01. So does that mean … Continue Reading
Does the Illinois Commerce Commission have exclusive jurisdiction over a claim by a residential consumer against an alternative retail electric supplier for restitution of rate overpayments? Last month, the Illinois Supreme Court answered a certified question from the Seventh Circuit in Zahn v. North American Power & Gas, LLC, holding that the answer was “no.” … Continue Reading
Is a contract purporting to assign rights to place video gaming terminals in certain establishments from one unlicensed operator to another within the exclusive jurisdiction of the Illinois Gaming Board where the terminals had not yet been placed and began operation? In late September, a unanimous Illinois Supreme Court held that the answer was “yes,” … Continue Reading
When attorneys for a worker covered by the Workers Compensation Act successfully sue a third party for injuries sustained by the worker in the course of his or her employment, the employer can get reimbursed for some or all of the workers compensation benefits it paid to the employee. In recognition of the benefit the … Continue Reading
In the closing days of its September term, the Illinois Supreme Court allowed a petition for leave to appeal in People ex rel. Madigan v. Wildermuth. Wildermuth, a decision from Division Five of the First District, poses the following question: “Whether the State may claim a violation under the Illinois Human Rights Act pursuant to … Continue Reading
Section 3-108 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act provides that local public entities and their employees are immune from tort liability caused by a failure to supervise an activity on public property except where their failure to supervise rises to a level of willful and wanton conduct. 745 ILCS 10/3-108(a). … Continue Reading
In the closing days of October, the Illinois Supreme Court held that the defendants were not liable to the plaintiff for serious personal injuries to the plaintiff in Carney v. Union Pacific Railroad Company. In Carney, the defendant agreed with a contractor to demolish and remove certain unused bridges. The agreement provided that all work … Continue Reading
Late in its September term, the Illinois Supreme Court handed down its unanimous opinion in Kakos v. Butler, holding that Public Act 98-1132, a 2015 statute in which the Illinois legislature limited civil juries to six persons, was facially unconstitutional. Here’s our report on the oral argument, predicting that the Court would strike down the … Continue Reading
This morning, I had the pleasure of joining the Los Angeles Daily Journal’s appellate podcast to talk about Sedgwick Appellate and our data analytics work on the California Supreme Court. Here’s the link: http://ow.ly/pHhg305RtYg… Continue Reading
In a 4-3 decision, the California Supreme Court has found specific jurisdiction over the product liability claims of nonresidents against Bristol-Myers Squibb Company (BMS), a Delaware company headquartered in New York with substantial operations in New Jersey. Bristol-Myers Squibb Co. v. Superior Court (Anderson), S221038. It was undisputed that California plaintiffs had specific jurisdiction for … Continue Reading
Last night, in a case that produced four opinions from the seven-member Court, a sharply divided Illinois Supreme Court affirmed the trial court’s judgment in Hooker v. Illinois State Board of Elections holding that a ballot initiative which would have fundamentally rewritten the legislative redistricting procedures in Illinois was not constitutionally eligible for the ballot. … Continue Reading
In Blumenthal v. Brewer, the Illinois Supreme Court was asked to overrule its thirty-seven year old decision in Hewitt v. Hewitt and hold that Illinois would join the vast majority of states in recognizing a cause of action for equitable division of property between unmarried domestic partners. Last Thursday, a divided court declined that invitation, … Continue Reading
In a 5-2 decision, the California Supreme Court reversed the appellate court and held that the votes of city officials in favor of a public contract were a protected activity under an anti-SLAPP motion, despite allegations that they each had an improper conflict of interest. City of Montebello v. Vasquez, S219052. Through outside counsel, … Continue Reading
Earlier this month, the Illinois Supreme Court clarified Illinois constitutional law on compensable takings with its unanimous decision by Chief Justice Garman, reversing in Hampton v. Metropolitan Water Reclamation District of Greater Chicago. Our detailed summary of the underlying facts and lower court decision in Hampton is here. The plaintiffs in Hampton own property in … Continue Reading
The Florida Supreme Court will review the First District’s decision in Green v. Cottrell, 172 So. 3d 1009 (Fla. 1st DCA 2015), which certified the following question of great public importance: Which statute of limitations, whether one- or four-year, should be applied to actions brought by a prisoner relating to the conditions of his confinement? … Continue Reading
In Webb v Special Electric Company, Inc., the Supreme Court unanimously adopted the sophisticated intermediary doctrine in California, and then split 5-2 on how it should be applied. Webb was injured by exposure to products containing asbestos and sued the raw asbestos supplier – raising the question of what duty the raw material supplier had … Continue Reading
During the May term, the Illinois Supreme Court heard oral argument in Kakos v. Bauer, a constitutional challenge to Public Act 98-1132, the 2015 statute mandating six-person juries in civil cases in Illinois. Based upon the pattern of questioning, it appears fairly likely that the Court is inclined to affirm the judgment and strike down … Continue Reading
The discovery rule provides that under certain circumstances, the 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 wrongful death claims? The Illinois Supreme Court debated that issue last … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that when a covered employee sustains a “catastrophic injury” under certain enumerated circumstances, the employee is entitled to have his or her health insurance premiums, as well as those of his or her partner and/or dependent children, paid by the employer. During the May term, … Continue Reading
During the May term, the Illinois Supreme Court heard oral argument in Bayer v. Panduit Corp., an appeal from Division 1 of the First District which poses several questions about the interaction of the Workers’ Compensation Act and the Contribution Act. Our detailed report on the facts and lower court decisions in Bayer is here. … Continue Reading
According to Article IX, Section 6 of the Illinois Constitution, the legislature may exempt from property taxes only the “property of the State, units of local government and school districts and property used exclusively for agricultural and horticultural societies, and for school, religious, cemetery and charitable purposes.” According to Section 15-86 of the Property Tax … Continue Reading
