In the final days of the March term, the Illinois Supreme Court granted review in Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd., which poses the question of whether physicians qualify for immunity under the Good Samaritan Act when they were paid by their physician groups to provide emergency care … Continue Reading
In the closing days of the March term, the Illinois Supreme Court allowed a petition for leave to appeal in Wells Fargo Bank, N.A. v. McCluskey, a decision from the Second District reversing an order refusing to vacate a default judgment in a foreclosure suit. McCluskey presents the issue of whether a Section 2-1301(e) motion seeking … Continue Reading
The Illinois Supreme Court granted leave to appeal in In re Estate of Boyar to decide whether the doctrine of election applies to trusts, and, if it does, to delineate any exceptions to the doctrine. But when the Court’s opinion was filed on Thursday morning, Boyar turned out to be something of a letdown: in a … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will file its opinion in In re Estate of Boyar. Boyar presents the issue of whether the doctrine of election – which teaches that a party may not accept benefits under an instrument and later challenge that instrument’s validity – applies to trusts. Our detailed summary … Continue Reading
In addition to the more typical criminal issues, the oral arguments scheduled for April 3 and 4 in L.A. will also address when to compel arbitration, foreclosure sales and hospital peer review. On the April 3, the court has two arbitration cases scheduled. The Supreme Court will take a second look at Sonic-Calabasas A, Inc., … Continue Reading
Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal law for sending unsolicited junk faxes is uninsurable as a matter of Illinois public policy. Our detailed preview of … Continue Reading
Last week, the Illinois Supreme Court heard oral argument in Wilkins v. Williams. Wilkins is a sequel of sorts to Harris v. Thompson, in which the Court considered the statutory immunity of a publicly owned ambulance involved in an accident. Wilkins poses the flip-side question: what if the ambulance is owned by a private, for-profit company? Our detailed … Continue Reading
Last week, the Illinois Supreme Court heard oral argument in Mayfield v. Mayfield, which presents several issues regarding the proper handling of lump sum workers’ compensation payments for purposes of calculating a party’s child support obligation. Given that most of the Justices seemed skeptical of the appellant’s position, it seems likely that the Court will not … Continue Reading
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
In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the full breadth of the fraud exception to the parol evidence rule. In 1935, the Court limited the fraud exception to the parole evidence rule – holding that evidence of a promise that … 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
