In Toftoy v. Rosenwinkel [pdf], the 2nd District of the Illinois Appellate Court held that Illinois’ "Right to Farm Act," 740 ILCS 70/1, didn’t bar the plaintiff’s nuisance suit against the defendants and their cattle farm. Today — as we predicted in our pre-argument preview here — the Illinois Supreme Court unanimously reversed in an … Continue Reading
This morning, a unanimous Illinois Supreme Court has held that the doctrine of subject matter waiver of attorney-client and work product privileges does not apply in the vast majority of cases to disclosures made outside the context of litigation. For our pre-argument preview of Center Partners, Ltd. v. Growth Head GP, LLC [pdf], see here. For our … 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
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
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
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
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are: Center Partners, Ltd. v. Growth Head GP, LLC, No. 113107 et seq. – (1) Does the doctrine of subject matter waiver for the attorney-client privilege extend from litigation to business negotiations? (2) … Continue Reading
Our reports on the civil oral arguments of the Illinois Supreme Court’s November term continue with State Bank of Cherry v. CGB Enterprises, Inc. Our pre-argument preview of State Bank of Cherry is here. Watch the oral argument here. State Bank arises from a farmer’s note to the plaintiff bank, using certain crops as security. After the … Continue Reading
With the November term in full swing and the holidays rapidly approaching, the Illinois Supreme Court has announced that the Court expects to file opinions on three remaining days in 2012: November 29, December 13 and December 28. The Court’s civil docket is largely up to date, accounting for the usual time between argument and … 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
We conclude our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Bjork v. O’Meara, a case about traps for the unwary in challenges to the disposition of a decedent’s property. We previewed Bjork just after review was granted here. Here’s the problem the Court faces in Bjork. Every state … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Poris v. Lake Holiday Property Owners Association [pdf], a case which poses a number of interesting questions about the limits on the authority of private security forces. Our initial look at Poris, just after review was granted, is here. … Continue Reading
Our preview of the civil cases on the Illinois Supreme Court’s November oral argument docket continues with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. Our initial look at Skokie Castings, just after review was granted, is here. Skokie Castings arises from a severe workplace injury which permanently disabled the employee. At the time, the employer was … Continue Reading
For many out-of-staters, the first image that comes to mind when they hear "Illinois" is downtown Chicago. Chicago’s one of the world’s great cities, but the fact is, much of Illinois is rural. The state’s 76,000 farms cover more than 28 million acres — nearly 80% of the total land area of the state. It’s estimated that the … Continue Reading
We begin our previews of the civil cases on the Illinois Supreme Court’s November term oral argument docket with Griggsville-Perry Community Unit School District No. 4. v. Illinois Educational Labor Relations Board [pdf]. Our first look at Griggsville-Perry, just after review was granted, is here. Griggsville-Perry arose from the Board’s firing of a noncertified paraprofessional who … Continue Reading
This afternoon, the Illinois Supreme Court announced its docket for the November term [pdf]. Join us back here over the weekend as we begin our previews of the five civil cases the Court has scheduled for argument next month: Griggsville-Perry Community Unit School v. The Illinois Educational Labor Relations Board (argument November 15th); State Bank … Continue Reading
This morning, a sharply divided Illinois Supreme Court held that a pleading signed by a non-lawyer is not automatically null and void. The decision was in Downtown Disposal Services, Inc. v. The City of Chicago. We previewed the decision yesterday evening, here. The plaintiff was cited four times for violating City ordinances relating to dumpsters. When the plaintiff … Continue Reading
Tomorrow morning, the Illinois Supreme Court will file its opinion in Downtown Disposal Services, Inc. v. The City of Chicago [pdf]. Tonight we’ll preview the case. Tomorrow we’ll bring you our summary and analysis of the Court’s opinion. Downtown Disposal began when the City Department of Transportation issued the company four administrative violation notices in connection with … Continue Reading
According to the Illinois Business Corporation Act, the dissolution of a corporation “shall not take away nor impair any civil remedy available” to or against the corporation, its directors or shareholders “for any right or claim existing, or any liability incurred, prior to such dissolution” as long as the lawsuit is filed within five years … Continue Reading
It’s not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a case today. A 6-1 majority led by Justice Mary Jane Theis affirmed in part and reversed in part a … Continue Reading
Can an insurance policy be rendered unenforceable by Illinois public policy because of a conflict with another state’s law? This morning, in an opinion by Justice Lloyd A. Karmeier for a 6-1 majority, the Illinois Supreme Court held that the answer was "no." Country Preferred Insurance Co. v. Whitehead arose from an accident in Wisconsin … Continue Reading
Illinois courts have consistently refused to impose a general duty to preserve evidence. The Supreme Court has set forth a two-factor test for courts to apply in making the occasional exception to this rule: (1) “relationship” – an agreement, contract, statute, special circumstance or voluntary undertaking is such that a duty should be imposed; and (2) … Continue Reading
In the first of six opinions issued in civil cases this morning, the Illinois Supreme Court held that publicly-owned recreational facilities have broad immunity from liability to users who fall on snow or ice. The question arose in Moore v. Chicago Park District. Plaintiffs’ decedent was leaving a facility owned by the Chicago Park District after … Continue Reading
The Illinois Supreme Court has announced that tomorrow morning, October 18, it will file opinions in six civil cases: No. 112064 – Pielet v. Pielet — (1) Was plaintiff’s cause of action for breach of a long-term consulting agreement viable against corporation under the Survival Statute, 805 ILCS 5/12.80, even though the agreement was not … Continue Reading
