The Illinois Supreme Court has announced its oral argument calendar [pdf] for the upcoming September term, and it contains just one civil case. On September 22, 2010, the Court will hear argument in Hossfeld v. Illinois State Board of Elections, No. 109725. Hossfeld involves the question of whether the appellant was a qualified primary voter for … Continue Reading
Snow and ice are a fact of life in Chicago during the winter months. So what duties of care do government agencies, individuals and businesses have in relation to dealing with winter conditions? The Illinois Supreme Court addressed this important issue late last week in Krywin v. The Chicago Transit Authority [pdf]. Illinois has long followed the … Continue Reading
The Illinois Supreme Court announced yesterday afternoon that it will release two opinions [pdf] on the morning of Thursday, July 15th, including one civil case: No. 108888, Krywin v. Chicago Transit Authority, which presents the issue of whether the “natural accumulations rule,” which provides that a business owner generally has no duty to take precautions … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Uldrych v. VHS of Illinois, Inc., Williams v. Board of Review, 2010 WL 743894 (1st Dist., 2010), which involves the question of whether implied indemnity actions are subject to the four-year statute of repose governing actions … Continue Reading
This afternoon, the Illinois Supreme Court published its May docket for oral arguments, and the Court’s docket includes nine civil cases. The cases, with the issue or issues presented in each, are: May 13: Hurlbert v. Charles, No. 109041: “Under the Supreme Court’s decision in People v. Moore, 138 Ill.2d 162 (1990), does a finding of … Continue Reading
Many states have enacted statutes automatically invalidating, under one set of circumstances or another, contracts which seem to require mandatory arbitration of disputes. In a 5-0 decision today (with two justices not participating), the Illinois Supreme Court cast such statutes in doubt, holding that two clauses of the Illinois Nursing Home Care Act were preempted by … Continue Reading
Today, the Illinois Supreme Court affirmed a punitive damage award that had been drastically reduced by the trial judge, and cut still more by the intermediate appellate court, to slightly over $80,000, or 1:1. The State high court affirmed the punitives as reduced to 1:1. This may sound like just another case applying the Campbell … Continue Reading
The Illinois Supreme Court announced this afternoon that it will release seven opinions [pdf] on the morning of Thursday, April 15th, including two civil cases: No. 106511, Carter v. SSC Odin Operating Company, LLC, which presents the issue of whether the clauses of the Illinois Nursing Home Care Act invalidating any contractual provision limiting a resident’s … Continue Reading
This afternoon, the Illinois Supreme Court allowed petitions for review in eight new civil cases. They are: Williams v. Board of Review, 395 Ill.App.3d 337 (1st Dist., 2009), which involves review of a decision by the Board of Review of the Department of Employment Security to deny a terminated employee’s application for a Federally-funded trade readjustment … Continue Reading
The Appellate Strategist was the first blog to offer a comprehensive, regularly-updated database of civil issues — broken down by category and subject matter — that the California Supreme Court has agreed to hear and decide. We are proud to announce two new features. Since this "preview of coming attractions" has been one of our most popular … Continue Reading
If a business evicts a patron on the grounds that he’s intoxicated, puts him in his car and requires him to drive away, does the business have a tort duty to persons the patron injures? According to the Illinois Supreme Court, the answer is "yes." Simmons v. Homatas, No. 108108(.pdf). Defendant Homatas visited a strip … Continue Reading
The Illinois Supreme Court has published its docket book for the March term, and the Court’s docket call will be heavy on civil matters this month in Springfield. On March 10, the Court will hear argument in Founders Insurance Co. v. Munoz, which involves the entitlement exclusion in personal automobile insurance policies, and Speed District … Continue Reading
[UPDATED THROUGH September 12, 2016] In re M.I. Supreme Court Case Number: 120232 Appellate Court: Third District Appellate Court Case Number: 3-15-0403 Issue Presented: Is it grounds for termination of parental rights based upon the parent’s failure to make reasonable progress toward the return of the child and failure to maintain a reasonable degree of … Continue Reading
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[UPDATED THROUGH June 13, 2015] Henderson Square Condominium Ass’n v. LAB Townhomes, LLC Supreme Court Case Number: 118139 Appellate Court: First Appellate District, Division Five Appellate Court Case Number: 1-13-0764 Issues Presented: (1) Did plaintiffs adequately allege facts sufficient to invoke the fraud exception to the statute of limitations in suit against condominium developer in … Continue Reading
[UPDATED THROUGH September 6, 2016] City of Chicago v. Alexander Supreme Court Case Number: 120350 Appellate Court: First District, Second Division Appellate Court Case Number: 1-12-2858 Issue Presented: Is the City of Chicago’s park-closing ordinance unconstitutional, both on its face and with respect to its unequal application? Summary of Facts and Lower Court Holdings Carle … Continue Reading
[UPDATED THROUGH September 12, 2016] Moon v. Rhode Supreme Court Case Number: 119572 Appellate Court: Third District Appellate Court Case Number:3-13-0613 Issue Presented: Does the discovery rule apply to the statute of limitations for wrongful death claims? Summary of Facts and Lower Court Holdings Report on the Oral Argument Murphy-Hylton v. Lieberman Management Services, … Continue Reading
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[UPDATED THROUGH September 12, 2016] Trzop v. Hudson Supreme Court Case Number: 120034 Appellate Court: First District, Fifth Division Appellate Court Case Number: 1-15-0419 Issue Presented: Did the plaintiffs have standing to challenge the amendment to the trust document? Summary of Facts and Lower Court Holdings… Continue Reading
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[UPDATED THROUGH September 6, 2016] J & J Ventures Gaming, LLC v. Wild, Inc. Supreme Court Case Number: 119870 Appellate Court: Fifth District Appellate Court Case Number: 5-14-0092 Issues Presented: (1) Is the dispute between the plaintiff, defendant and intervenor regarding whether or not the plaintiff has a valid “written use agreement” within the meaning … Continue Reading
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[UPDATED THROUGH September 12, 2016] Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings Supreme Court Case Number: 117720 Appellate Court: First District, Division One Appellate Court Case Number: 123645 Issue Presented: What is the proper remedy where an administrative notice of building code violations was served upon the property itself, not the … Continue Reading
