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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
Hearing oral argument in Stevens v. McGuireWoods LLP in the final days of its May term, the Illinois Supreme Court appeared skeptical of the Appellate Court’s holding reviving former shareholders’ professional negligence claim against the defendant for loss of certain derivative claims. Our detailed summary of the underlying facts and lower courts holdings in Stevens … Continue Reading
During its May term, the Illinois Supreme Court heard oral argument in Nelson v. Artley, which poses a question of considerable importance to the rental car industry: can a self-insured rental company be held liable without limitation for its customers’ accidents if the customer defaults? Our detailed summary of the underlying facts and lower court … Continue Reading
A pension board finds that a police officer is entitled to a line-of-duty disability pension. Is the board’s finding conclusive on the issue of whether the officer suffered a “catastrophic injury” so as to be entitled to health care premiums under the Public Safety Employee Benefits Act? The Illinois Supreme Court debated that question in … Continue Reading
About a week ago, I noticed that I was fast approaching my 500th post on Appellate Strategist. The occasion seemed to call for something different, so I started pondering what I might want to write about. As it turns out, this comes at a time of transition over at Appellate Strategist‘s sister blog, the Illinois … Continue Reading
In the closing days of its May term, the Illinois Supreme Court heard oral arguments in Klaine v. Southern Illinois Hospital Services, which poses an issue of potential importance to the medical malpractice bar: are applications for medical privileges discoverable in a negligent credentialing claim in a medical malpractice case? Our detailed summary of the … Continue Reading
According to the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101), the statute of limitations for personal injury actions against “local public entities” is one year. So is a Zoo a “local public entity”? That’s the question the Illinois Supreme Court debated during its May term, hearing oral argument in O’Toole v. … Continue Reading
During its May term, the Illinois Supreme Court heard oral argument in Gurba v. Community High School District No. 155, a decision from the Second District which poses the question: are school districts subject to local zoning? Based upon the questioning patterns in oral argument, the Court appeared skeptical of the school district’s claim. Our … Continue Reading
