The mailbox rule applies to filing an appeal from an arbitrator to the Workers Compensation Commission. Norris v. Industrial Commission. And it applies to filing an appeal from the Circuit Court’s order on administrative review to the Appellate Court. Harrisburg-Raleigh Airport Authority v. Dept. of Revenue. So does it apply to the intermediate step – initiating an administrative review … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term conclude with Poris v. Lake Holiday Property Owners Association. Our pre-argument preview of Poris is here. You can watch the oral argument here. The plaintiff owns property in the Lake Holiday Development, and is a member of the defendant Association. The defendant … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our pre-argument preview of Skokie Castings is here. Watch the oral argument here. Skokie Castings begins with a worker’s on-the-job injury. The worker’s employer was self-insured with respect to workers’ compensation insurance, but held … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with Bjork v. O’Meara. Our pre-argument preview of Bjork is here. Watch the oral argument here. Before his death, decedent begins taking steps to transfer a bank account to the plaintiff. He dies before the process is completed. The plaintiff intervenes in … Continue Reading
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
Our reports on the oral arguments of the Illinois Supreme Court’s September term conclude with Hope Clinic for Women v. Adams. In Hope Clinic, the Court confronts the question of whether the Illinois constitution offers greater protection to privacy and gender equality interests than the Federal constitution. To watch the video of the argument, click here. Our … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Ferguson v. Patton. Ferguson involves a potentially important issue for the growing field of government ethics law: can the ethics officer sue another official of the same government entity to enforce his or her subpoenas? To watch the video of the argument, … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Mashal v. City of Chicago. Mashal presents an issue of potentially enormous importance to class action practice in the Illinois state courts: when does the Circuit Court lose the power to decertify the class under Section 2-802 of the Code of … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Fennell v. Illinois Central Railroad Co. Fennell presents the issue of whether a case with no apparent connection to Illinois, filed here after an initial lawsuit was thrown out of plaintiff’s first choice forum (and home state), could remain in Illinois. To … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Rodriquez v. Department of Financial and Professional Regulation. To watch the video, click here. The facts and holding below are set forth in detail in our preview of the argument. Here’s the question – when you get an administrative rule struck down, … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with In re Estate of Boyar. Can you accept money from your parents’ will and then challenge it in court? No; that’s settled in nearly every state. But, as counsel for the trustee in Boyar told the Court, living trusts have become … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Toftoy v. Rosenwinkel. Toftoy is an interesting case because it presents a textbook example of a clash between two classic forms of legal analysis. Professor Ward Farnsworth discusses the distinction at length in his classic book The Legal Analyst: the conflict … Continue Reading
Our reports on the oral arguments of the Illinois Supreme Court’s September term continue with Cooney v. Rossiter, a case about the breadth of immunity for court-appointed psychologists in child custody cases. Based on the questions at argument, the Court appeared to be searching for alternatives short of limiting the scope of such experts’ immunity. The … Continue Reading
A casual viewer might be forgiven after watching the oral argument last week in Center Partners, Ltd. v. Growth Head GP, LLC for being uncertain exactly what the law of Illinois was regarding the applicability of subject matter waiver to disclosures of attorney-client communications outside litigation. In a nearly hour-long debate, opposing counsel presented diametrically opposed … Continue Reading
With this post, we begin our reports on the oral arguments for the Illinois Supreme Court’s September term. In Hernandez v. Bernstein, the first civil case of the term, the Court seems likely to hold that plaintiff’s two successive complaints were alternative versions of a single claim, meaning that plaintiff’s voluntary dismissal without prejudice of the … Continue Reading
