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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
As I’ve noted in several previous posts, (see here, and here, and here), the new term at the U.S. Supreme Court is shaping up as a major one for class action litigation. Today I preview Whirlpool Corp. v. Glazer, a case still in the petition stage which the Court will likely consider in a December conference. Review … Continue Reading
Late last week, I had the opportunity to speak with Colin O’Keefe of LXBN regarding what a second term for President Obama means for the Supreme Court. In the brief interview, I offer my thoughts on how the makeup of the court may change and what issues they may address. … 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
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
As I’ve noted in earlier posts (see here and here), this is shaping up as an important term for the class action defense bar at the United States Supreme Court. Late last month, the Court added another important question to its docket, granting certiorari in Maracich v. Spears. In Maracich, the Court will decide whether … 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
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
