In early November, a sharply divided Illinois Supreme Court cleared the way for claims against the developer and contractor involved in a now 19-year-old condominium development, narrowly affirming the Appellate Court decision in Henderson Square Condominium Association v. LAB Townhomes, LLC. Our detailed summary of the underlying facts and lower court opinions in Henderson Square … Continue Reading
The state government enters into a contract with an employee union calling for pay increases for thousands of employees. The state legislature fails to appropriate enough money to cover the increases. Is the state in breach of contract, or was the state’s contractual promise to pay the increases conditional on the legislature actually appropriating the … Continue Reading
In the closing days of its September term, the Illinois Supreme Court heard oral argument in Petrovic v. The Department of Employment Security, a case posing the question of exactly what has to be proven to trigger the exception to unemployment compensation for employees terminated for misconduct. Based upon the content and number of questions, … Continue Reading
During its September term, the Illinois Supreme Court heard oral argument in Commonwealth Edison Co. v. Illinois Commerce Commission, which poses important issues about the scope of the Illinois Commerce Commission’s jurisdiction over Illinois utilities. Our detailed summary of the underlying facts and court rulings is here. In 1997, the Illinois legislature sought to restructure … Continue Reading
In the closing days of its September term, the Illinois Supreme Court heard oral argument in 1010 Lake Shore Association v. Deutsche Bank National Trust Company. 1010 Lake Shore poses the question of whether a foreclosure sale on a condominium unit extinguishes the homeowners’ association’s lien for assessments which came due before the sale closed. … Continue Reading
During its September term, the Illinois Supreme Court heard oral argument in Bowman v. Ottney, a case from the Fifth District which poses the question of whether a litigant can lose its “one free challenge” to the trial judge based upon events in an earlier phase of the litigation, prior to a voluntary dismissal. Our … Continue Reading
In Barber v. American Airlines, Inc., the Illinois Supreme Court held that a class action complaint may be rendered moot if the defendant tenders full relief to the plaintiff before a class certification motion is filed – what’s been called a “pick-off” of the putative class representative. But what qualifies as a “class certification motion” … Continue Reading
During the September term, the Illinois Supreme Court heard oral arguments in The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education poses the question of whether the Illinois Educational Labor Relations Board erred in finding that the Board of Education was guilty of an unfair … Continue Reading
The Illinois Supreme Court has twice held that a plaintiff who has one or more claims dismissed with prejudice risks application of res judicata if the party then takes a voluntary dismissal on the remaining claims. (Rein v. David A. Noyes & Co.; Hudson v. City of Chicago). So does the same rule apply if … Continue Reading
The discovery rule provides that under certain circumstances, a 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 the statute of limitations for wrongful death claims? The Illinois Supreme … Continue Reading
The federal Truth in Lending Act provides that in all consumer credit transactions involving a retained security interest in the principal dwelling of the borrower, the lender is required to provide the borrower with certain disclosure statements. If those disclosures aren’t made, the consumer may rescind the transaction for up to three years. In Financial … Continue Reading
Section 11-501.6 of the Illinois Vehicle Code provides that when a driver is arrested for a traffic violation related to a fatality or serious personal injury, he or she automatically consents to chemical testing for alcohol and drugs. The statute provides that if the driver refuses to submit to the test, his or her license … Continue Reading
Does a holding of the Police Pension Board of Trustees that an officer is entitled to a line-of-duty pension preclude a separate challenge to the pensioned officer’s entitlement to paid health insurance? In the closing days of its September term, the Illinois Supreme Court unanimously held in Village of Vernon Hills v. Heelan that the … Continue Reading
The Illinois courts have held that under certain circumstances, it is possible to effectively waive the implied warranty of habitability on a dwelling. In the closing days of its September term, the Illinois Supreme Court agreed to decide Fattah v. Bim, a decision from the First District, Division Five which poses the question of under … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that under certain circumstances, police officers receiving line-of-duty pensions are entitled to receive fully paid health insurance coverage for themselves and their families. In the closing days of its September term, the Illinois Supreme Court agreed to decide Vaughn v. City of Carbondale, which poses … Continue Reading
In Seymour v. Collins, the Appellate Court held that where a plaintiff had failed to disclose an in-progress tort suit prior to final resolution of the plaintiff’s bankruptcy, the plaintiff’s tort suit was barred by judicial estoppel. In the closing days of September, the Illinois Supreme Court unanimously reversed in an opinion by Justice Karmeier. … Continue Reading
The Local Governmental and Governmental Employees Tort Immunity Act provides a one-year statute of limitations for actions against “local public entities.” So is the Brookfield Zoo – legally known as the Chicago Zoological Society – such an entity? In O’Toole v. The Chicago Zoological Society, a unanimous Illinois Supreme Court held, in an opinion by … Continue Reading
According to Article VI, Section 14 of the Illinois Constitution, “[t]here shall be no fee officers in the judicial system.” Section 15-1504.1 of the Code of Civil Procedure imposes a $50 filing fee in residential mortgage foreclosure cases, 2% of which is retained by the clerk of the court in county where the case is … Continue Reading
The Safety and Family Financial Responsibility Law requires that automobile rental companies operating in Illinois demonstrate their financial responsibility by filing one of three things with the Secretary of State: (1) a liability bond; (2) an insurance policy or other proof of insurance; or (3) a certificate of self-insurance issued by the Director of the … Continue Reading
Do the Illinois Constitution and the School Code exempt local school districts from municipal zoning regulations? In Gurba v. Community High School District No. 155, a unanimous Illinois Supreme Court held, in an opinion by Justice Burke, that the answer was “no.” Our report on the underlying facts and lower court opinions is here. Our … Continue Reading
Long-established law holds that when a corporation declines to bring a claim for damages, under certain circumstances shareholders can force the issue by bringing a derivative claim in the name of the corporation. But may the shareholders – in their individual capacities – sue the counsel they retain to prosecute the derivative claim for malpractice? … Continue Reading
According to Illinois Supreme Court Rule 137, an attorney’s signature on a pleading certifies that to the best of his or her knowledge, information and belief “it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is … Continue Reading
On June 24, 2015, Florida’s Third District Court of Appeal reversed a decision by an Eleventh Judicial Circuit Court judge that the “exclusive remedy” provision contained in Florida’s Workers’ Compensation Act is unconstitutional because it does not provide a reasonable alternative remedy to the tort remedy it supplanted. In The State of Florida v. Florida … Continue Reading
The Florida Supreme Court has accepted review of a Fourth District Court of Appeal decision which certified the following question of great public importance: Where a prenuptial agreement provides that neither spouse will ever claim any interest in the other’s property, states that each spouse shall be the sole owner of property purchased or acquired … Continue Reading
