Section 2-802(a) of the Illinois Code of Civil Procedure provides that an order certifying a class action “may be conditional and may be amended before a decision on the merits.” 735 ILCS 5/2-802(a). But what’s a “decision on the merits”? In its third unanimous decision of the day, the Illinois Supreme Court answered that question this morning, … Continue Reading
In its second opinion of the day on the doctrine of res judicata, a unanimous Illinois Supreme Court has affirmed the First District, Fifth Division’s decision in Hernandez v. Pritikin [pdf]. A detailed discussion of the underlying facts and the rulings of the Circuit Court and Appellate Court appears in our pre-argument preview here. Our argument report … Continue Reading
The basic rule of res judicata is easy enough to state: a final judgment on the merits by a court with jurisdiction bars any further actions by the parties or their privies on the same claim. But what judgments (or orders) are “final”? And what’s a “claim”? The Illinois Supreme Court delved into those important questions this morning, … Continue Reading
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Prazen v. Shoop [pdf], a dispute about the politically charged issue of public employee pensions. Prazen relates to an Early Retirement Incentive (ERI) plan adopted by a city pursuant to section 7-141.1 of the … Continue Reading
Our previews of the civil cases granted review at the end of the November term by the Illinois Supreme Court continue with Relf v. Shatayeva [pdf]. Relf involves a simple question: what happens if you sue somebody who’s died? The plaintiff filed a personal injury complaint against the defendant, alleging that he had negligently operated a … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in three new civil cases. They are: Mashal v. The City of Chicago, No. 112341 – (1) What is a ‘decision on the merits’ under 735 ILCS 5/2-802 that would preclude the entry of a class decertification order? (2) Whether, in a … Continue Reading
In the closing days of the Illinois Supreme Court’s November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of Earlywine [pdf]. Although Earlywine arises from a divorce, it presents an interesting intersection of domestic relations law and attorney retainers. In conjunction … Continue Reading
As we wrote in our preview of Rodriquez v. Department of Financial and Professional Regulation, private attorney general statutes are not uncommon in the law. Such statutes provide that if a private plaintiff provides, by his or her suit, what the legislature regards as a public service, the plaintiff gets his or her attorney’s fees back. … Continue Reading
The Illinois state educational funding statute survived a constitutional challenge last week when the Illinois Supreme Court, in a unanimous opinion by Justice Robert R. Thomas, affirmed an Appellate Court decision dismissing Carr v. Koch for lack of standing. Our pre-argument preview of Carr, which includes a detailed description of the facts and lower court rulings, … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term conclude with Poris v. Lake Holiday Property Owners Association. Our pre-argument preview of Poris is here. You can watch the oral argument here. The plaintiff owns property in the Lake Holiday Development, and is a member of the defendant Association. The defendant … Continue Reading
In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois’ "Right to Farm Act," 740 ILCS 70/1, didn’t bar the plaintiff’s nuisance suit against the defendants and their cattle farm. Today — as we predicted in our pre-argument preview here — the Illinois Supreme Court unanimously reversed in an … Continue Reading
This morning, a unanimous Illinois Supreme Court has held that the doctrine of subject matter waiver of attorney-client and work product privileges does not apply in the vast majority of cases to disclosures made outside the context of litigation. For our pre-argument preview of Center Partners, Ltd. v. Growth Head GP, LLC [pdf], see here. For our … Continue Reading
Today, the Illinois Supreme Court adopted Rule 502 of the Illinois Rules of Evidence, governing the circumstances in which disclosure of protected materials in a legal proceeding, or before a state or federal office or agency, affects a more general waiver of the attorney-client or work product privilege. The new state Rule 502 tracks Federal … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our pre-argument preview of Skokie Castings is here. Watch the oral argument here. Skokie Castings begins with a worker’s on-the-job injury. The worker’s employer was self-insured with respect to workers’ compensation insurance, but held … Continue Reading
This morning, the Illinois Supreme Court announced that it has allowed petitions for leave to appeal in six new civil cases. They are: Earlywine v. Earlywine, No. 114779 — a case on the construction of the Marriage and Dissolution of Marriage Act arising from the Second District. Hooker v. Retirement Board of the Firemen’s Annuity … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Bjork v. O’Meara. Our pre-argument preview of Bjork is here. Watch the oral argument here. Before his death, decedent begins taking steps to transfer a bank account to the plaintiff. He dies before the process is completed. The plaintiff intervenes in … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are: Center Partners, Ltd. v. Growth Head GP, LLC, No. 113107 et seq. – (1) Does the doctrine of subject matter waiver for the attorney-client privilege extend from litigation to business negotiations? (2) … Continue Reading
On December 4, 2012, the California Supreme Court is scheduled to hold oral arguments in Los Angeles on six matters, five of which are civil matters addressing a variety of business and commercial issues. Presumably these matters will all be submitted at the close of argument, so (barring any order to vacate the submission) the … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with State Bank of Cherry v. CGB Enterprises, Inc. Our pre-argument preview of State Bank of Cherry is here. Watch the oral argument here. State Bank arises from a farmer’s note to the plaintiff bank, using certain crops as security. After the … Continue Reading
With the November term in full swing and the holidays rapidly approaching, the Illinois Supreme Court has announced that the Court expects to file opinions on three remaining days in 2012: November 29, December 13 and December 28. The Court’s civil docket is largely up to date, accounting for the usual time between argument and … Continue Reading
Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Our preview of Griggsville is here. Griggsville-Perry arose from the firing of a noncertified paraprofessional who worked in an elementary school library. After a number of complaints about … Continue Reading
We conclude our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Bjork v. O’Meara, a case about traps for the unwary in challenges to the disposition of a decedent’s property. We previewed Bjork just after review was granted here. Here’s the problem the Court faces in Bjork. Every state … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Poris v. Lake Holiday Property Owners Association [pdf], a case which poses a number of interesting questions about the limits on the authority of private security forces. Our initial look at Poris, just after review was granted, is here. … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our initial look at Skokie Castings, just after review was granted, is here. Skokie Castings arises from a severe workplace injury which permanently disabled the employee. At the time, the employer was … Continue Reading
