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
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
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
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
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
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
Earlier this month, the Illinois Supreme Court accepted a rare direct appeal, agreeing to wade into the politically charged battle over state employee pension rights. The Court ordered the consolidated appeals in Kanerva v. Weems transferred from the Appellate Court directly to the Supreme Court. Kanerva is a consolidated case arising from four putative class actions originally … Continue Reading
In the final days of the March term of the Illinois Supreme Court, the Court allowed a petition for leave to appeal in The Board of Education of Roxana Community Unit School District No. 1. v. The Pollution Control Board, et al. Board of Education poses the question: can the challenger to a petition for certification … Continue Reading
This afternoon, the Illinois Supreme Court announced that it will file two opinions in civil cases on 9:00 a.m. on Thursday morning. The upcoming opinions are: Ferguson v. Patton, Case No. 112488 – (1) Does Section 2-56-040 of the Chicago Municipal Code authorize the Inspector General of the City of Chicago to hire private counsel to … Continue Reading
Tomorrow will be a busy day for the Illinois Supreme Court’s civil docket, with five cases being argued, beginning at 9:00 a.m. They are: Wilkins v. Williams, Case No. 114310 – (1) Does the immunity conferred by the Emergency Medical Services Act, 210 ILCS 50/3.150(a), extend to the non-emergency transport of patients? (2) Does the statute … Continue Reading
May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In the vast majority of jurisdictions around the country, the answer is simple: No. Last summer, in what the Chicago Tribune … Continue Reading
Yesterday, the Illinois Supreme Court granted leave to appeal in four new civil cases. We begin our previews of these newest additions to the court’s docket with Bartlow v. Costigan [pdf], which raises a variety of constitutional challenges to the powers of the Illinois Department of Labor under the Employee Classification Act, 820 ILCS 185/1 et … Continue Reading
The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing are expected on Monday, January 28th and decisions on petitions for leave to appeal are expected on Wednesday, January 30. The Court made substantial … Continue Reading
We continue our previews of the civil cases scheduled for oral argument during the Illinois Supreme Court’s January term with VC&M, Ltd. v. Andrews. VC&M arises from a real estate dispute. The defendants were in the process of getting a divorce. They signed a contract with the plaintiff to list their residence. Plaintiff found a buyer, who put … Continue Reading
The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases. The civil portion of the Court’s docket begins during the 9:00 a.m. session on Wednesday, January 16 with McFatridge v. Madigan. McFatridge, which we previewed here,involves a dispute between a former State’s Attorney … Continue Reading
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term conclude with Crittenden v. Cook County Commission on Human Rights [pdf]. Crittenden involves a question of administrative law which, depending on the breadth of the Court’s ultimate decision, could have broad implications: when can an administrative board … Continue Reading
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with 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 [pdf]. Board of Education poses two questions: the constitutionality of a … Continue Reading
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen’s Annuity and Benefit Fund of Chicago, [pdf]. Hooker poses the question of whether the pensions for firefighter’s survivors should be set for all time pursuant to the … Continue Reading
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Prazen v. Shoop [pdf], a dispute about the politically charged issue of public employee pensions. Prazen relates to an Early Retirement Incentive (ERI) plan adopted by a city pursuant to section 7-141.1 of the … Continue Reading
In the closing days of the Illinois Supreme Court’s November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of Earlywine [pdf]. Although Earlywine arises from a divorce, it presents an interesting intersection of domestic relations law and attorney retainers. In conjunction … Continue Reading
Today, the Illinois Supreme Court adopted Rule 502 of the Illinois Rules of Evidence, governing the circumstances in which disclosure of protected materials in a legal proceeding, or before a state or federal office or agency, affects a more general waiver of the attorney-client or work product privilege. The new state Rule 502 tracks Federal … Continue Reading
This morning, the Illinois Supreme Court announced that it has allowed petitions for leave to appeal in six new civil cases. They are: Earlywine v. Earlywine, No. 114779 — a case on the construction of the Marriage and Dissolution of Marriage Act arising from the Second District. Hooker v. Retirement Board of the Firemen’s Annuity … Continue Reading
