Tag Archives: Illinois

Illinois Supreme Court Debates “Rules of the Road” Orders in Custody Disputes

  It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying what the parents can and can’t do with the children. The centerpiece of these orders is usually that neither … Continue Reading

Illinois Supreme Court Debates Retroactive Application of Landfill Cleanup Statute

  In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older landfills in cases that were already pending at the time of the amendment? That’s the question the Illinois Supreme Court debated during its November … Continue Reading

Illinois Supreme Court Debates Whether Treasurer Needs Appellate Bond

  Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial review of a workers comp decision, strict compliance with the steps set forth in the Act are required. One of those steps is … Continue Reading

Illinois Supreme Court Debates Workers’ Comp Commission and Attorneys’ Fees

  Does the Workers’ Compensation Commission have exclusive jurisdiction over a plaintiff’s claim for breach of an agreement to pay referral fees in connection with two workers’ compensation cases? That’s the question the Illinois Supreme Court debated during its November term, hearing oral argument in Ferris, Thompson and Zweig, Ltd. v. Esposito. Our detailed summary of the … Continue Reading

Illinois Supreme Court Debates Applicability of Innocent Insured Doctrine

  Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois Supreme Court debated during its November term in Illinois State Bar Association Mutual Insurance Co. v. Law Office of … Continue Reading

Illinois Supreme Court Adopts Accelerated Schedule for Pension Law Appeal

The Illinois Supreme Court announced that the centerpiece of its civil docket for 2015, the State’s appeal from the Circuit Court’s order striking down public pension reform, will be heard on a “rocket docket” schedule. The State’s opening brief will be due January 12. The appellees’ brief is due February 16, and the State’s reply brief will … Continue Reading

Illinois Supreme Court Agrees to Decide Do Not Hire Dispute Between Teachers Union and Chicago Board of Education

  In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following issue: did the Illinois Educational Labor Relations Board err in finding that the Chicago Board of Education was … Continue Reading

Illinois Supreme Court Agrees to Decide Breadth of Condo Developer’s Tort Duties

  In the closing days of its November term, the Illinois Supreme Court agreed to review a decision from Division 5 of the First District with potentially significant implications for developers: Henderson Square Condominium Association v. LAB Townhomes. Henderson Square poses several related questions about the marketing of condominium units and the breadth of a developer’s … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Pension Board’s Disability Finding is Preclusive in Employee Benefits Act Proceedings

  In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health insurance premiums under the Public Safety Employees Act. In The Village of Vernon Hills v. Heelan, the Second District … Continue Reading

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

  In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent credentialing claim in a medical malpractice case? The question arises in a decision from the Fifth District, Klaine v. … Continue Reading

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company’s Liability for Customers’ Accidents

  In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without limitation for its customers’ accidents if the customer defaults?  In Nelson v. Artley, Division Two of the First District … Continue Reading

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

  Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the Appellate Court in Michael v. Precision Alliance Group, LLC, the Court held that where an employer chooses to give a valid, nonpretextual … Continue Reading

Illinois Supreme Court Agrees to Decide Whether a Zoo is a “Local Public Entity”

  The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public entity,” the limitations period is one year. In the closing days of its November term, the Illinois Supreme Court agreed to … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

  In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must attorneys’ fees and costs be deducted from a tort settlement before a lien under the Health Care Services … Continue Reading

Illinois Supreme Court Agrees to Decide Whether Failing to Give Reasons in Order on Sanctions Motion is Reversible Error

  In the closing days of its November term, the Illinois Supreme Court agreed to decide a simple issue with potential implications across a wide variety of civil litigation: is a trial court’s order granting or denying sanctions under Supreme Court Rule 137 per se reversible error when it fails to include reasons for the … Continue Reading

Illinois Supreme Court Finds All Postal Marks are Not Created Equal

  On Thursday morning, a unanimous Illinois Supreme Court affirmed in Huber v. American Accounting Association. As briefed, Huber presented the question of whether a postmark was sufficient proof of timely mailing to trigger Illinois’ limited mailbox rule. But in the end, in an opinion by Justice Mary Jane Theis, the Court held that the plaintiff didn’t … Continue Reading

Illinois Supreme Court Reinstates Attorney General’s Appeal from Illinois Commerce Commission Order

  On Thursday morning, the Illinois Supreme Court resolved a confused issue in utilities law, holding unanimously in The People of the State of Illinois ex rel. Madigan v. Illinois Commerce Commission that the 35-day period provided by the Public Utilities Act (220 ILCS 5/10-201(a)) to appeal from orders of the Illinois Commerce Commission trumped … Continue Reading

Illinois Supreme Court Holds Circuit Court Lacks Jurisdiction over Whistleblower Rate Challenge

  State of Illinois ex rel. Pusateri v. The Peoples Gas Light and Coke Company presented an important question for the utilities bar: do the Circuit Courts have jurisdiction to order rate refunds on the grounds that the utility allegedly used falsified information in support of its rate case? On Thursday morning, a unanimous Illinois Supreme … Continue Reading

Much Ado About Little: Deadlocked Illinois Supreme Court Punts on Red Light Camera Ordinances

  One of the most widely anticipated cases on the Illinois Supreme Court’s civil docket ended on Thursday morning with a surprise: the Court decided not to decide, dismissing the appeal in a per curiam order. Keating v. City of Chicago was a constitutional challenge to the validity of Chicago’s red light camera ordinance. Our detailed … Continue Reading
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