Illinois Supreme Court Denies Taxpayer Standing in Constitutional Challenge...
The Illinois state educational funding statute survived a constitutional challenge last week when the Illinois Supreme Court, in a unanimous opinion by Justice Robert R. Thomas, affirmed an Appellate...
View ArticleDisgorgement of an Advance Payment Retainer as Interim Fees in a Divorce Case?
In the closing days of the Illinois Supreme Court's November term, the Court allowed petitions for leave to appeal in six civil cases. Our previews of the new grants begin with In re Marriage of...
View ArticleWhy A Fees Claim Can't Wait: Rodriquez v. Department of Financial and...
As we wrote in our preview of Rodriquez v. Department of Financial and Professional Regulation, private attorney general statutes are not uncommon in the law. Such statutes provide that if a private...
View ArticleWhat Happens if the Defendant Dies Before the Complaint is Filed?
Our previews of the civil cases granted review at the end of the November term by the Illinois Supreme Court continue with Relf v. Shatayeva. Relf involves a simple question: what happens if you sue...
View ArticleThree New Civil Opinions Coming From the Illinois Supreme Court Thursday
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in three new civil cases. They are: Mashal v. The City of Chicago, No. 112341 – (1) What is a 'decision on the...
View ArticleIllinois Supreme Court to Resolve Municipal Pension Dispute
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Prazen v. Shoop, a dispute about the politically charged issue of public...
View ArticleIllinois Supreme Court Takes Broad View of Courts' Power to Decertify a Class
Section 2-802(a) of the Illinois Code of Civil Procedure provides that an order certifying a class action “may be conditional and may be amended before a decision on the merits.” 735 ILCS...
View ArticleIllinois Supreme Court Clarifies "Theories" Versus "Claims" for Res Judicata...
The basic rule of res judicata is easy enough to state: a final judgment on the merits by a court with jurisdiction bars any further actions by the parties or their privies on the same claim. But what...
View ArticleRes Judicata Part II: Always Read What the Order Says (and Doesn't Say)
In its second opinion of the day on the doctrine of res judicata, a unanimous Illinois Supreme Court has affirmed the First District, Fifth Division’s decision in Hernandez v. Pritikin. A detailed...
View ArticleMunicipal Pensions II: Do Survivors' Pensions Increase Whenever the Salary...
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with Hooker v. Retirement Fund of the Firemen's Annuity and Benefit Fund of...
View ArticleIllinois Supreme Court to Tackle Public Employees' Right to Strike
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term continue with The Board of Education of Peoria School District No. 150 v. The Peoria...
View ArticleCan the Cook County Commission on Human Rights Award Punitive Damages?
Our previews of the new civil cases granted review at the end of the Illinois Supreme Court’s November term conclude with Crittenden v. Cook County Commission on Human Rights. Crittenden involves a...
View ArticleIllinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning
This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata...
View ArticleIllinois Supreme Court Declines to Decide Absolute Immunity Issue in Cooney
Cooney v. Rossiter presented two questions: (1) was the plaintiffs' individual action barred by the dismissal of an earlier putative class action; and (2) is a court-appointed psychological evaluator...
View ArticleIllinois Supreme Court Holds Judgment of Foreclosure Not Immediately Appealable
Under Illinois law, a judgment of foreclosure does not end a mortgage foreclosure case; it remains modifiable by the trial court and is strictly interlocutory. After such a judgment is entered, the...
View ArticleIllinois Supreme Court Rejects Forum Shopping in Asbestos Case
May a lifelong resident of Mississippi who alleges that he was exposed to asbestos and assorted other allegedly toxic agents while working out of the defendant's Jackson Mississippi facility...
View ArticleMarital Property Valued as of Date of Divorce, Not Date of Property...
Under Illinois law, courts may under certain circumstances enter a judgment of dissolution in a divorce case and wait until later, as part of a bifurcated proceeding, to enter a property distribution...
View ArticleIllinois Supreme Court to Consider The Potential Perils of E-Filing a Notice...
We continue our previews of the civil cases scheduled for oral argument during the Illinois Supreme Court's January term with VC&M, Ltd. v. Andrews....By: Kirk Jenkins
View ArticleIllinois Supreme Court to Consider If Mailbox Rule Applies to Administrative...
Our preview of the civil cases to be heard by the Illinois Supreme Court during the upcoming January term concludes with Gruszeczka v. The Illinois Workers' Compensation Commission. Gruszeczka poses an...
View ArticleIllinois Supreme Court Will Hear Five Civil Cases During January Term
The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases....By: Kirk Jenkins
View Article