For many out-of-staters, the first image that comes to mind when they hear "Illinois" is downtown Chicago. Chicago’s one of the world’s great cities, but the fact is, much of Illinois is rural. The state’s 76,000 farms cover more than 28 million acres — nearly 80% of the total land area of the state. It’s estimated that the … Continue Reading
We begin our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Griggsville-Perry Community Unit School District No. 4. v. Illinois Educational Labor Relations Board [pdf]. Our first look at Griggsville-Perry, just after review was granted, is here. Griggsville-Perry arose from the Board’s firing of a noncertified paraprofessional who … Continue Reading
This afternoon, the Illinois Supreme Court announced its docket for the November term [pdf]. Join us back here over the weekend as we begin our previews of the five civil cases the Court has scheduled for argument next month: Griggsville-Perry Community Unit School v. The Illinois Educational Labor Relations Board (argument November 15th); State Bank … Continue Reading
This morning, a sharply divided Illinois Supreme Court held that a pleading signed by a non-lawyer is not automatically null and void. The decision was in Downtown Disposal Services, Inc. v. The City of Chicago. We previewed the decision yesterday evening, here. The plaintiff was cited four times for violating City ordinances relating to dumpsters. When the plaintiff … Continue Reading
Tomorrow morning, the Illinois Supreme Court will file its opinion in Downtown Disposal Services, Inc. v. The City of Chicago [pdf]. Tonight we’ll preview the case. Tomorrow we’ll bring you our summary and analysis of the Court’s opinion. Downtown Disposal began when the City Department of Transportation issued the company four administrative violation notices in connection with … Continue Reading
According to the Illinois Business Corporation Act, the dissolution of a corporation “shall not take away nor impair any civil remedy available” to or against the corporation, its directors or shareholders “for any right or claim existing, or any liability incurred, prior to such dissolution” as long as the lawsuit is filed within five years … Continue Reading
It’s not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a case today. A 6-1 majority led by Justice Mary Jane Theis affirmed in part and reversed in part a … Continue Reading
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state’s law? This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois Supreme Court held that the answer was "no." Country Preferred Insurance Co. v. Whitehead arose from an accident in Wisconsin … Continue Reading
Illinois courts have consistently refused to impose a general duty to preserve evidence. The Supreme Court has set forth a two-factor test for courts to apply in making the occasional exception to this rule: (1) “relationship” – an agreement, contract, statute, special circumstance or voluntary undertaking is such that a duty should be imposed; and (2) … Continue Reading
In the first of six opinions issued in civil cases this morning, the Illinois Supreme Court held that publicly-owned recreational facilities have broad immunity from liability to users who fall on snow or ice. The question arose in Moore v. Chicago Park District. Plaintiffs’ decedent was leaving a facility owned by the Chicago Park District after … Continue Reading
The Illinois Supreme Court has announced that tomorrow morning, October 18, it will file opinions in six civil cases: No. 112064 – Pielet v. Pielet — (1) Was plaintiff’s cause of action for breach of a long-term consulting agreement viable against corporation under the Survival Statute, 805 ILCS 5/12.80, even though the agreement was not … Continue Reading
With the Illinois Supreme Court between terms, coverage in the news and on the blogs has been relatively light over the past two weeks. Christopher Wills of the Associated Press reported on the Court’s decision in Karbin v. Karbin, authorizing the guardians of disabled adults to file divorce petitions with the approval of the Court. Our … Continue Reading
The California Supreme Court has unanimously voted to accept review in the matter of Valdez v. W.C.A.B. (Warehouse Demo Services) in order to address the following issue: Does Labor Code § 4616.6 exclude from evidence reports of a treating physician obtained by an applicant outside of his or her employer’s Medical Provider Network ? Two … Continue Reading
In Illinois, an action against a lawyer "arising out of an act or omission in the performance of professional services" can’t be brought more than 6 years after the act or omission occurred. 735 ILC 5/13-214.3. But does the statute apply if the plaintiff is someone other than the client? The Illinois Supreme Court will soon answer … Continue Reading
In the final days of its September term, the Illinois Supreme Court allowed a petition for review in Standard Mutual Insurance Co. v. Lay. [pdf] In Lay, the Court will decide whether the Federal statutory penalty for sending junk faxes is in the nature of punitive damages, and thus uninsurable under Illinois law. The defendant in … Continue Reading
This morning, the Illinois Supreme Court filed its unanimous opinion in Karbin v. Karbin. In an opinion by Justice Charles E. Freeman, the Court overruled its twenty-six year old decision in In re Marriage of Drews and held that the plenary guardian of a disabled adult may file a divorce petition on the ward’s behalf. Following … Continue Reading
Workers’ compensation payments are excluded from income for purposes of federal income taxes. But are they “income” for purposes of calculating a party’s child support obligation? At the close of its September term, the Illinois Supreme Court announced it would resolve this question in Mayfield v. Mayfield. Mayfield presents two questions: (1) is a lump-sum workers’ compensation … Continue Reading
The authority of changing venue based on a party’s concern about not receiving a fair trial because of a biased or prejudiced jury pool can be found in section 47.101, Florida Statutes—not Florida Rule of Civil Procedure 1.060. Procedural Requirements. The statute requires that a motion to change venue contain a verified statement of facts, … Continue Reading
During its May term, the Illinois Supreme Court decided Harris v. Thompson, which posed the question of whether a public entity or employee could be held liable for negligent operation of an ambulance. At the close of its September term, the Court allowed a petition for review in Wilkins v. Williams. Wilkins poses the inevitable follow-up question … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term conclude with Hope Clinic for Women v. Adams. In Hope Clinic, the Court confronts the question of whether the Illinois constitution offers greater protection to privacy and gender equality interests than the Federal constitution. To watch the video of the argument, click here. Our … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Ferguson v. Patton. Ferguson involves a potentially important issue for the growing field of government ethics law: can the ethics officer sue another official of the same government entity to enforce his or her subpoenas? To watch the video of the argument, … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Mashal v. City of Chicago. Mashal presents an issue of potentially enormous importance to class action practice in the Illinois state courts: when does the Circuit Court lose the power to decertify the class under Section 2-802 of the Code of … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Fennell v. Illinois Central Railroad Co. Fennell presents the issue of whether a case with no apparent connection to Illinois, filed here after an initial lawsuit was thrown out of plaintiff’s first choice forum (and home state), could remain in Illinois. To … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Rodriquez v. Department of Financial and Professional Regulation. To watch the video, click here. The facts and holding below are set forth in detail in our preview of the argument. Here’s the question – when you get an administrative rule struck down, … Continue Reading
