With the Illinois Supreme Court asking somewhat fewer questions than it generally does, it was unclear how the Court might decide Rogers v. Imeri, the Dramshop Act case the Court heard last week. Our detailed summary of the underlying facts and lower court decisions in Rogers is here. Our preview of the argument is here. Rogers … Continue Reading
This morning, a seemingly skeptical Illinois Supreme Court appeared ready to side with the State in a dispute over 2012 amendments to the State Employee Group Insurance Act. Several Justices peppered the two attorneys splitting argument time for the plaintiffs with sixteen questions during their opening, many of which echoed various points made in the Circuit … Continue Reading
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in what may prove to be a precursor of larger battles yet to come in the next few years – an all-out battle over whatever public pension reform package the legislature adopts. Tomorrow, the case at hand is Kanerva v. Weems, which presents the question of … Continue Reading
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Rogers v. Imeri. Rogers poses the question when the Dramshop Act recovery cap applies and other defendants have settled, how is the maximum exposure of the Illinois Insurance Guaranty Fund calculated? Our detailed summary of the facts and lower court opinions in Rogers is here. Rogers arose … Continue Reading
Tomorrow morning, the Illinois Supreme Court will hear oral arguments in Schultz v. Performance Lighting, Inc., which poses an important question for domestic relations law: must a Withholding Notice under the Income Withholding for Support Act strictly comply with the requirements of the statute in order to be valid, or is substantial compliance enough? Our detailed … Continue Reading
The Illinois Supreme Court’s first term in Chicago ends tomorrow morning with a busy docket of five civil arguments: Venture-Newberg Perini Stone and Webster v. Illinois Workers’ Compensation Commission; Schultz v. Performance Lighting, Inc.; Kanerva v. Weems; Rogers v. Imeri and American Access Casualty Co. v. Reyes. In Venture-Newberg, the Court will resolve a potentially important … Continue Reading
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in The Board of Education of Roxana Community Unit School District No. 1 v. The Pollution Control Board, which presents an important question of Illinois environmental law – who can appeal from a pollution control facility certification, and where is the appeal taken? Our … Continue Reading
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in a high-profile appeal from the Second District, Spanish Court Two Condominium Association v. Carlson. Our detailed summary of the underlying facts and lower court holdings in Spanish Court is here. Spanish Court arises from a special statutory proceeding – the Forcible Entry and … Continue Reading
Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in Bartlow v. Costigan. Bartlow isa facial constitutional challenge to the system of administrative fines administered by the Illinois Department of Labor in connection with allegedly misclassifying workers as independent contractors rather than employees for purposes of minimum wage, overtime, workers’ compensation and unemployment … Continue Reading
As expected, the Illinois Supreme Court has just announced that Justice Rita B. Garman will become Chief Justice on October 26, 2013. The incoming Chief Justice’s term will run until October 25, 2016. Justice Garman was appointed to the Supreme Court on February 1, 2001, and elected to the Court on November 5, 2002. Her official Court biography … Continue Reading
Our previews of the Illinois Supreme Court’s September docket continue with Hartney Fuel Oil Co. v. Hamer, which will be argued this morning in Chicago. Our detailed summary of the facts and lower court rulings in Hartney Oil is here. The plaintiff in Hartney resells fuel oil to railroads, trucking companies, gas stations and other fuel … Continue Reading
Yesterday morning, I had the pleasure of joining host Jim Meadows on WILL-AM Radio 580’s hour-long discussion show “Focus” for a preview of the Illinois Supreme Court’s September term. Joining us for the discussion was Steve Beckett, a founding partner at Beckett and Webber, P.C. in Urbana and a lecturer at the University of Illinois College … Continue Reading
Our previews of the oral arguments on the Illinois Supreme Court’s September docket continue with People ex rel. Department of Labor v. E. R. H. Enterprises, Inc. [pdf]. E.R.H. began in 2008 when the Labor Department issued the company a subpoena for production of certain employment records. The subpoena stated that the Department was investigating whether … Continue Reading
Our previews of the oral arguments on the Illinois Supreme Court’s September docket begin with Hooker v. Retirement Fund of the Firemen’s Annuity and Benefit Fund of Chicago, which is set for argument tomorrow morning, September 11. Our detailed summary of the facts and lower court rulings in Hooker is here. Hooker involves two surviving spouses … Continue Reading
The Illinois Supreme Court has announced the dates on which it expects to issue opinions as well as issuing other dispositive orders during the first two months of its temporary stay at the Michael A. Bilandic Building in Chicago. The Court expects to issue opinions on Thursday September 12; Thursday September 19; Thursday October 3 and … Continue Reading
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
Last week, in a case which had attracted nationwide interest in the workers’ compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the Workers’ Compensation Commission. Justice Robert R. Thomas wrote the opinion for the five-Justice majority in Gruszeczka v. The Illinois Workers’ Compensation … Continue Reading
The Illinois Supreme Court has announced that on Thursday morning, it will hand down its decision in Hope Clinic for Women v. Adams. Hope Clinic is a challenge to the constitutionality of the Illinois Parental Notice of Abortion Act. Because the challenge in Hope Clinic was brought solely under the Illinois constitution, the case raises interesting issues … 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
Late last week, the Illinois Supreme Court handed down its opinion in Wilkins v. Williams, holding that the state Emergency Medical Services Act makes the private owner and driver of an ambulance immune from tort liability for any motor vehicle accident occurring while they are rendering services. Our detailed summary of Wilkins, including the lower court … Continue Reading
In the final days of the May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our preview of the new cases concludes with Venture-Newberg Perini Stone & Webster v. Illinois Workers’ Compensation Commission. Venture-Newberg poses the following question: when is a union pipefitter who accepts a short-term job too … Continue Reading
In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a jurisdictional question of potentially great importance: may the Attorney General challenge the actions of the … Continue Reading
Like most states, Illinois is in the early stages of transitioning to an e-filing system in its state courts. With new rules come new problems for litigators: does this case qualify for e-filing? Is e-filing of this document mandatory, permissive, or barred? Last week, a divided Illinois Supreme Court handed down its first major decision on the … Continue Reading
