Late last week, in a unanimous opinion by Justice Rita Garman, the Illinois Supreme Court held that the Cook County Commission on Human Rights lacks any authority to award punitive damages. Our detailed summary of the facts and administrative and lower court rulings in Crittenden v. Cook County Commission on Human Rights is here. Our report on … 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
Does the State of Illinois have to pay elected officials’ attorney fees when the underlying complaint alleges that the official committed "intentional, willful or wanton misconduct"? Earlier this month, a unanimous Illinois Supreme Court held in McFatridge v. Madigan that the answer was "no." Our detailed report on the facts and underlying court opinions in McFatridge is … Continue Reading
On the final argument day of the May term, the Illinois Supreme Court heard argument in Prazen v. Shoop, one of a brace of public employee pension cases currently on the Court’s docket. Our detailed preview of the facts and lower court holdings in Prazen is here. The video and audio of the argument is available here. … 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
The Federal Telephone Consumer Protection Act provides that it’s unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual losses or $500 per fax, whichever is greater. If the violation is willful and knowing, then it’s $1,500 per fax. So are TCPA statutory … Continue Reading
On the final argument day of the May term, the Illinois Supreme Court appeared troubled by the limitations of the record in Performance Marketing Association, Inc. v. Hamer. PMA involves the question of whether Illinois’ "Click-Through" Tax Act — which imposes a duty to collect sales taxes under certain circumstances on out-of-state retailers — facially violates … Continue Reading
How is a worker’s lump-sum settlement for a disabling injury — a payment meant to compensate for lost income for the remainder of the worker’s expected working life — treated for purposes of calculating the non-custodial parent’s child support obligation? On Thursday, the Illinois Supreme Court unanimously held in In re Marriage of Mayfield that … Continue Reading
On the final argument day of the May term, the Illinois Supreme heard 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. Board of Education involves two questions: the constitutionality of a recent amendment to the Illinois Public Labor Relations Act … Continue Reading
On the first argument day of the May term, the Justices of the Illinois Supreme Court actively questioned both sides in the first civil case on the docket, Relf v. Shateyeva. Relf involves an unusual question: is a complaint against a deceased defendant barred if the plaintiff doesn’t name the defendant’s personal representative? Our detailed preview of … Continue Reading
As I’ve written elsewhere, the Illinois Supreme Court tends to be what appellate attorneys call a “hot bench,” with questions potentially coming from any or all of the Justices in any given argument. With the May term having begun this morning with the argument in Relf v. Shatayeva, let’s take an early look at the question … 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
Yesterday, the Illinois Supreme Court filed its long-awaited opinion in Palm v. 2800 Lake Shore Drive Condominium Association. Although on its face, Palm relates only to the enforceability of a Chicago city ordinance on document requests to condominium associations, if the dissenters on the Court are correct, it may have long-lasting impact on the Court’s construction … 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
(Note: The following post was originally published on Law360.com on January 24, 2013.) Reviewing the videotape of every civil oral argument at the Illinois Supreme Court, as I do for my firm’s blog The Appellate Strategist, you can’t help but be impressed by the collegiality of the Illinois Supreme Court. At many courts of last resort, counsel … Continue Reading
The Illinois Supreme Court just announced that on Thursday morning, it will file its opinion in Palm v. 2800 Lake Shore Drive Condominium Association, a dispute over an owner’s right to compel the production of documents by his condominium association. Read the opinion of the Appellate Court for the First Appellate District (Division Five) here. Our summary … 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
On Thursday morning, the Illinois Supreme Court filed its decision in Russell v. SNFA. We were watching Russell closely here at Appellate Strategist because it was the Court’s first opportunity to apply the United States Supreme Court’s decision in J. McIntyre Machinery, Ltd. v. Nicastro. In Nicastro, a plurality of the high court held that merely placing … Continue Reading
(Note: The following post was originally published on Law360.com on January 15, 2013. On Thursday, April 18, the Court’s decision in Russell v. SNFA, which is referred to in the final sentence of the post, was handed down. Join us back here this weekend for a detailed analysis of Russell and its possible implications for the future … 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
In the final days of the March term, the Illinois Supreme Court granted review in Home Star Bank & Financial Services v. Emergency Care & Health Organization, Ltd., which poses the question of whether physicians qualify for immunity under the Good Samaritan Act when they were paid by their physician groups to provide emergency care … Continue Reading
In the closing days of the March term, the Illinois Supreme Court allowed a petition for leave to appeal in Wells Fargo Bank, N.A. v. McCluskey, a decision from the Second District reversing an order refusing to vacate a default judgment in a foreclosure suit. McCluskey presents the issue of whether a Section 2-1301(e) motion seeking … Continue Reading
The Illinois Supreme Court granted leave to appeal in In re Estate of Boyar to decide whether the doctrine of election applies to trusts, and, if it does, to delineate any exceptions to the doctrine. But when the Court’s opinion was filed on Thursday morning, Boyar turned out to be something of a letdown: in a … Continue Reading
