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Last week, a divided California Supreme Court handed down its decision in DeSaulles v. Community Hospital of the Monterey Peninsula, holding that as long as a settlement agreement involves a payment of money from defendants to plaintiff – no matter how small in relation to the plaintiff’s demand – the plaintiff is a “prevailing party” … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that when a covered employee sustains a “catastrophic injury,” the employee is entitled to the additional benefit of having his or her health insurance premiums, as well as those of his or her partner and/or dependent children, paid by the employer. Is Section 10 triggered … Continue Reading
In the closing days of its January term, the Illinois Supreme Court agreed to decide a question of considerable importance to the trusts, wills and estates bar – who has standing to challenge an amendment to a trust document? The Court allowed a petition for leave to appeal in Trzop v. Hudson, a decision from … Continue Reading
The Illinois Unemployment Insurance Act provides that benefits may be denied when an employee is terminated for a “deliberate and willful violation of a reasonable rule or policy” of the employer. Last week, in a unanimous opinion by Justice Burke in Petrovic v. The Department of Employment Security, the Illinois Supreme Court held that misconduct … Continue Reading
Every medical facility has dozens of files consisting of papers submitted in conjunction with physician applications for credentials to practice in that facility. Are such documents privileged from discovery in a medical malpractice lawsuit claiming, in part, that the facility was negligent for renewing the defendant’s credentials? Late last month, a unanimous Illinois Supreme Court … Continue Reading
A long-standing common law principle called the “public duty rule” holds that local government entities and their employees owe no tort duty of care to individual citizens to provide governmental services such as police and fire protection – such duties are owed to the public as a whole. In the closing days of its January … Continue Reading
Originally published on Law360, Feb. 4, 2016. Posted with permission. 2015 was a year of transition for the California Supreme Court as two new justices appointed by Gov. Jerry Brown, Justices Mariano-Florentino Cuellar and Leondra R. Kruger, took office in early January. Because the new justices replaced Republican appointees, there has been widespread speculation that … Continue Reading
This morning, a majority of the Illinois Supreme Court sided with the Chicago Board of Education in a dispute with its teachers union, holding in The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board that the Board of Education was not required to participate in mandatory arbitration over … Continue Reading
A litigant files suit, litigates for several years, and then, prior to trial, exercises her right to voluntarily dismiss the action without prejudice. Not long after, she refiles the action and is assigned (apparently by chance) to the same judge. The litigant attempts to exercise her statutory right to one automatic substitution of judge under … Continue Reading
According to Section 2 of the Contribution Act, when a party settles a claim in good faith against one tortfeasor, the finding of good faith automatically discharges that tortfeasor from any liability for contribution to another tortfeasor. (740 ILCS 100/2.) On the final day of its November term, the Illinois Supreme Court allowed a petition … Continue Reading
It’s not at all uncommon for state and local governments to use targeted tax breaks as a tool for encouraging economic growth, giving various types of businesses – and sometimes, single major employers – incentives to expand their operations. On the final day of the November term, the Illinois Supreme Court agreed to decide the … Continue Reading
On the final day of the November term, the Illinois Supreme Court agreed to hear Hampton v. Metropolitan Water Reclamation District of Greater Chicago. Hampton poses a simple question: should the Court overrule its 1948 decision in People ex rel. Pratt v. Rosenfield holding that temporary flooding caused by government action can never constitute a … Continue Reading
During its just-ended November term, the Illinois Supreme Court heard oral argument in Jones v. Municipal Employees’ Annuity and Benefit Fund of Chicago, a sequel of sorts to In re Pension Reform Litigation from earlier this year. This time, the Court is reviewing a decision from the Circuit Court of Cook County striking down SB … Continue Reading
During the recently concluded November term, the Illinois Supreme Court heard oral argument in Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings, a decision from the First District of Division One. Stone Street poses a question with possibly serious implications for administrative law in Illinois: do corporations have to be represented … Continue Reading
Can the person or entity buying a condominium in a foreclosure sale ever be held liable for condominium assessments which accrued prior to the sale? This morning, a unanimous Illinois Supreme Court held in 1010 Lake Shore Association v. Deutsche Bank National Trust Company that the answer was “yes.” Our detailed summary of the facts … Continue Reading
Is an order issuing a tax deed void where the statutory take notices to the owner are missing certain information required by the statute? Does due process require that the buyer at the tax sale demonstrate that the former owner of the property actually received the notices? This morning, in an opinion by Justice Thomas, … Continue Reading
An engineering firm surveys a tract of land, prepares and records a plat, conducts a wetlands survey, and provides various services for planning roads, utilities and sewers for a proposed subdivision. But ultimately, the developer declares bankruptcy and the project is cancelled. Can the engineering firm record a valid mechanics lien? In Christopher B. Burke … Continue Reading
In the closing days of its September term, the Illinois Supreme Court heard oral argument in People ex rel. McGuire v. Cornelius, which poses a potentially important question for the tax and property law bars: what notice to the current owner of a property is sufficient to grant the court jurisdiction to finalize a tax … Continue Reading
Can a lower court set aside the order of dismissal it entered on the instructions of the Supreme Court when subsequent developments appear to cast doubt on part of the Supreme Court’s decision? That was the issue pending before the Illinois Supreme Court earlier this month in Price v. Philip Morris, Inc. In an opinion … Continue Reading
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
