Argument Report: Does the Income Withholding for Support Act Require Strict...
Our reports on the oral arguments from the September term of the Illinois Supreme Court continue with last week's argument in Schultz v. Performance Lighting, Inc. The plaintiff obtained a divorce in...
View ArticleArgument Report: Illinois Supreme Court Hears Dramshop Act Case
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....
View ArticleArgument Report: Are Statutory Penalties Under the Employee Classification...
Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory...
View ArticleArgument Report: Illinois Supreme Court Debates the "Traveling Employee"...
Last week, the Illinois Supreme Court seemed poised to reject an expansive interpretation of the "traveling employee" exception to the "going and coming" rule, which holds that employees injured during...
View ArticleArgument Report: Illinois Supreme Court Actively Questions Both Sides in...
When the Appellate Court's decision came down, the Chicago Tribune called it a "ground-breaking decision that "has stunned the condominium community nationwide." So will the Illinois Supreme Court...
View ArticleIllinois Supreme Court To Consider FOIA, Due Process, Custody Hearings and...
On Wednesday morning, the Illinois Supreme Court allowed petitions for review in a long list of new civil cases, setting up interesting battles in the coming months over public works projects, the...
View ArticleIllinois Supreme Court to File Opinion in Earlywine on Thursday Morning
Yesterday afternoon, the Illinois Supreme Court posted notice that it expects to issue opinions in three cases on Thursday morning at 10:00 a.m., including one civil case, In re Marriage of Earlywine....
View ArticleArgument Report: Where Does a Sale Take Place for Sales Tax Purposes?
Where does a sale take place for purposes of the local portion of the state sales tax? For lots of localized businesses, it's a straightforward question. But what about businesses that operate in...
View ArticleArgument Report: Who Gets to Appeal Certification as a Pollution Control...
A major taxpayer files 28 separate applications seeking certification of various systems, methods, devices and facilities as "pollution control facilities" within the meaning of the Property Tax Code....
View ArticleIllinois Supreme Court Reaffirms Disgorgement of Advance Payment Retainers...
This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act...
View ArticleArgument Report: Illinois Supreme Court Debates Chicago Firefighters' Pensions
Although Kanerva v. Weems was the marquee case on public pensions for the September term of the Illinois Supreme Court, it wasn't the only such case on the docket. But if the oral argument is any...
View ArticleArgument Report: Illinois Supreme Court Debates Status of Water Facility...
When does an independent contractor become a public utility? That's the question the Illinois Supreme Court debated during the September term in People ex rel. Department of Labor v. E.R.H....
View ArticleThe Questions Log With One Term Left in 2013
With only one term left in 2013, it's time to take another look at the Illinois Supreme Court questions log. In its first four terms, the Court has heard argument in twenty-eight civil cases....
View ArticleIllinois Supreme Court Holds Internet Sales Tax Preempted by Federal Statute
On Friday morning, the Illinois Supreme Court handed down its opinion in one of its most high-profile pending cases. The Court held in Performance Marketing Association, Inc. v. Hamer that the federal...
View ArticleIllinois Supreme Court Holds Board Can't Declare Enhanced Pension Forfeited
Although the question presented in Prazen v. Shoop was limited to the field of public pensions, the case presented interesting aspects of fiduciary law and statutory construction as well. The question...
View ArticleIllinois Supreme Court Bars Action Against Deceased Defendant
On Friday morning, the Illinois Supreme Court pointed out a trap for the unwary in an unexpected place - what happens if a complaint is filed, but unbeknownst to the plaintiff, the defendant had died...
View ArticleIllinois Supreme Court Strikes Down Amendment to Illinois Public Labor...
As I mentioned earlier this week in discussing Performance Marketing, the Illinois Supreme Court has been a somewhat cool audience over the past ten years for constitutional claims. That’s why it was...
View ArticleIllinois Supreme Court Holds Guaranty Fund's Indemnity Payments Not Limited...
In Illinois (as in every other state), when an insurance company becomes insolvent and an order of liquidation is entered, the Illinois Insurance Guaranty Fund steps in and pays claims that the...
View ArticleIllinois Supreme Court to Decide Who Pays When the General Contractor Goes Bust
Today, as we await the start of the Court’s November term, we begin our first look previews at the most recent additions to the Court’s civil docket. First up is Lake County Grading Company, LLC v. The...
View ArticleIllinois Supreme Court to Decide If FOIA Requires Equal Treatment of Citizens...
Our previews of the newest additions to the Illinois Supreme Court's docket continue with Garlick v. Madigan, a unpublished decision from Division One of the First District which poses this interesting...
View Article