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On Monday September 8th from 10 to 11 A.M. Central, I’ll have the pleasure of joining host Jim Meadows on WILL-AM Radio 580’s hour-long discussion show “Focus.” We’ll be discussing the important cases on the Illinois Supreme Court’s upcoming September docket, both civil and criminal, as well as discussing the careers of the Justices themselves. Also joining … Continue Reading
This morning, the Illinois Supreme Court announced a busy oral argument docket of twelve civil cases for the September term, the Court’s first term of its potentially year-long stay in Chicago. The cases are: Wednesday, September 11 Hooker v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago, No. 114811 — Issues Presented: Do … Continue Reading
Last week, in a case which had attracted nationwide interest in the workers’ compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the Workers’ Compensation Commission. Justice Robert R. Thomas wrote the opinion for the five-Justice majority in Gruszeczka v. The Illinois Workers’ Compensation … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will hand down its decision in Hope Clinic for Women v. Adams. Hope Clinic is a challenge to the constitutionality of the Illinois Parental Notice of Abortion Act. Because the challenge in Hope Clinic was brought solely under the Illinois constitution, the case raises interesting issues … Continue Reading
With the Illinois Supreme Court halfway through its oral argument schedule for 2013 – three dockets down, three to go, beginning with September in Chicago – it’s time to take another look at the questions log. In the first three terms, the Court has heard argument in 16 civil cases. Questioning has varied widely from case … Continue Reading
Late last week, the Illinois Supreme Court handed down its opinion in Wilkins v. Williams, holding that the state Emergency Medical Services Act makes the private owner and driver of an ambulance immune from tort liability for any motor vehicle accident occurring while they are rendering services. Our detailed summary of Wilkins, including the lower court … Continue Reading
In the final days of the May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our preview of the new cases concludes with Venture-Newberg Perini Stone & Webster v. Illinois Workers’ Compensation Commission. Venture-Newberg poses the following question: when is a union pipefitter who accepts a short-term job too … Continue Reading
In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a jurisdictional question of potentially great importance: may the Attorney General challenge the actions of the … Continue Reading
Like most states, Illinois is in the early stages of transitioning to an e-filing system in its state courts. With new rules come new problems for litigators: does this case qualify for e-filing? Is e-filing of this document mandatory, permissive, or barred? Last week, a divided Illinois Supreme Court handed down its first major decision on the … Continue Reading
Late last week, in a unanimous opinion by Justice Rita Garman, the Illinois Supreme Court held that the Cook County Commission on Human Rights lacks any authority to award punitive damages. Our detailed summary of the facts and administrative and lower court rulings in Crittenden v. Cook County Commission on Human Rights is here. Our report on … Continue Reading
Our preview of newly petitions for leave to appeal allowed by the Illinois Supreme Court in the closing days of the just-ended May term continues with Schultz v. Performance Lighting, Inc., a decision from the Second District. The plaintiff in Schultz obtained a divorce in 2009. She was awarded $600 every two weeks in child support … Continue Reading
Does the State of Illinois have to pay elected officials’ attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois Supreme Court held in McFatridge v. Madigan that the answer was "no." Our detailed report on the facts and underlying court opinions in McFatridge is … Continue Reading
On the final argument day of the May term, the Illinois Supreme Court heard argument in Prazen v. Shoop, one of a brace of public employee pension cases currently on the Court’s docket. Our detailed preview of the facts and lower court holdings in Prazen is here. The video and audio of the argument is available here. … Continue Reading
In the final days of the Illinois Supreme Court’s recently concluded May term, the Court allowed petitions for leave to appeal in five new civil cases. Today, we begin our detailed previews of those cases, discussing the underlying facts and lower court holdings. First up is Rogers v. Imeri from the Fifth District. The plaintiffs’ son was … Continue Reading
The Federal Telephone Consumer Protection Act provides that it’s unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual losses or $500 per fax, whichever is greater. If the violation is willful and knowing, then it’s $1,500 per fax. So are TCPA statutory … Continue Reading
On the final argument day of the May term, the Illinois Supreme Court appeared troubled by the limitations of the record in Performance Marketing Association, Inc. v. Hamer. PMA involves the question of whether Illinois’ "Click-Through" Tax Act — which imposes a duty to collect sales taxes under certain circumstances on out-of-state retailers — facially violates … Continue Reading
How is a worker’s lump-sum settlement for a disabling injury — a payment meant to compensate for lost income for the remainder of the worker’s expected working life — treated for purposes of calculating the non-custodial parent’s child support obligation? On Thursday, the Illinois Supreme Court unanimously held in In re Marriage of Mayfield that … Continue Reading
On the final argument day of the May term, the Illinois Supreme heard The Board of Education of Peoria School District No. 150 v. The Peoria Federation of Support Staff, Security/Policemen’s Benevolent and Protective Association No. 114. Board of Education involves two questions: the constitutionality of a recent amendment to the Illinois Public Labor Relations Act … Continue Reading
On the first argument day of the May term, the Justices of the Illinois Supreme Court actively questioned both sides in the first civil case on the docket, Relf v. Shateyeva. Relf involves an unusual question: is a complaint against a deceased defendant barred if the plaintiff doesn’t name the defendant’s personal representative? Our detailed preview of … Continue Reading
As I’ve written elsewhere, the Illinois Supreme Court tends to be what appellate attorneys call a “hot bench,” with questions potentially coming from any or all of the Justices in any given argument. With the May term having begun this morning with the argument in Relf v. Shatayeva, let’s take an early look at the question … Continue Reading
An update on last week’s post on Performance Marketing Association, Inc. v. Hamer: with the posting of the Court’s docket book for the May term, we learned that the oral argument in Performance Marketing has been continued from May 16 to the 9:00 a.m. sitting on Wednesday, May 22nd. Although it is virtually certain to … Continue Reading
Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May 16. PMA arises from an amendment to the Illinois Use Tax Act known as the “Click-Through” Act or … Continue Reading
Yesterday, the Illinois Supreme Court filed its long-awaited opinion in Palm v. 2800 Lake Shore Drive Condominium Association. Although on its face, Palm relates only to the enforceability of a Chicago city ordinance on document requests to condominium associations, if the dissenters on the Court are correct, it may have long-lasting impact on the Court’s construction … Continue Reading
On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are: Wednesday, May 15: Relf v. Shatayeva, No. 114925 – Where a plaintiff files suit, unaware that defendant had died more than six months earlier, … Continue Reading
