Illinois Supreme Court

Our panel of leading appellate attorneys reviews the two Illinois Supreme Court opinions handed down Friday, June 24.
People v. Lewis, 2022 IL 126705
By Kerry J. Bryson, Office of the State Appellate Defender

In 2015, Shane Lewis responded to an ad on Backpage.com titled, “young warm and ready.” (A printout of the ad is appended to the Court’s opinion.) The body of the ad indicated that the poster was 18 years old and was a “hot little co ed” who was “young, eager to please and more than willing to meet all your desires.” The ad included a
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Friday, June 24, 2022

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, June 16.
Holm v. Kodat, 2022 IL 127511
By Michael T. Reagan, Law Offices of Michael T. Reagan

The Mazon River is 28 miles long, ending in the Illinois River near Morris. It contains and abuts large deposits of fossils. The Court’s opinion by Justice Carter relates that this area is world-famous. It is a National Historic landmark which contains “extraordinary fossils with exceptional preservation.”

Plaintiffs and defendants own separate parcels of property along the river. Plaintiffs operate a fossil hunting business and
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, June 16, 2022

Our panel of leading appellate attorneys reviews the six Illinois Supreme Court opinions handed down Thursday, May 19.
Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., 2022 IL 127140
By Amelia Buragas, J.D.

At issue in Prate Roofing and Installations, LLC v. Liberty Mutual Insurance Co., was whether the Department of Insurance (DOI) has the authority to resolve a dispute regarding the amount of premiums due on a workers’ compensation policy. The appellate court in a separate case recently had held that the DOI did not have the authority to resolve such disputes and vacated DOI’s final order
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 19, 2022

Our panel of leading appellate attorneys reviews the 10 Illinois Supreme Court opinions handed down Thursday, April 21.
Dent v. Constellation NewEnergy, Inc.,  2022 IL 126795
By Michael T. Reagan, Law Offices of Michael T. Reagan

Richard Dent and his company, RLD Resources, Inc. had terminable at will energy supply and marketing contracts with the respondent companies. Attorneys acting for the respondents advised Dent that allegations had been made against him that he had groped a woman guest at a party at the Shedd Aquarium, that on another occasion he had commented graphically on that woman’s anatomy, and that someone
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, April 21, 2022

The Illinois Supreme Court issued one opinion on Thursday, April 7.
People v. Moon , 2022 IL 125959
By Kerry J. Bryson, Office of the State Appellate Defender

Omega Moon was charged with one count of domestic battery, alleging that she caused bodily harm to a child by striking the child several times with a belt. Moon opted to proceed to jury trial. Once the jury was selected, the court asked the clerk to swear in the jurors, but the clerk erroneously administered the voir dire oath (swearing that they will truthfully answer voir dire questions) rather than the trial
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, April 7, 2022

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, March 24.
People v. Deroo , 2022 IL 126120
By Kerry J. Bryson, Office of the State Appellate Defender

Ryan DeRoo was charged in Rock Island County with aggravated DUI. At DeRoo’s jury trial, the State introduced the results of a chemical blood test establishing DeRoo’s blood alcohol content. That evidence was admitted pursuant to 625 ILCS 5/11-501.4(a), which allows admission of chemical blood tests conducted in the course of emergency medical treatment “as a business record exception to the hearsay rule.”

Following his
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, March 24, 2022

The Illinois Supreme Court issued one opinion on Thursday, February 3.
McDonald v Symphony Bronzeville Park, LLC , 2022 IL 126511
By Michael T. Reagan, Law Offices of Michael T. Reagan

“Do the exclusivity provisions of the Workers’ Compensation Act (Compensation Act) bar a claim for statutory damages under the Biometric Information Privacy Act (Privacy Act)?” In this Rule 308 appeal, the circuit court of Cook County, the First District, and now the Supreme Court all answered that certified question in the negative. Ms. McDonald sued her employer Symphony Bronzeville Park, LLC, in this putative class action, alleging that
Continue Reading Quick Take on Illinois Supreme Court Opinion Issued Thursday, February 3, 2022

Our panel of leading appellate attorneys reviews the eight Illinois Supreme Court opinions handed down Friday, January 21.
PNC Bank, National Ass’n v. Kusmierz, 2022 IL 126606
By Joanne R. Driscoll, Forde & O’Meara LLP

In this case, the Illinois Supreme Court held that a petition for relief from a void judgment filed under section 2-1401(f) of the Code of Civil Procedure (Code) (735 ILCS 5/2- 1401(f) (West 2016)) is subject to dismissal based on laches and the bona fide purchaser protections set forth in section 2-1401(e) of the Code (id. § 2- 1401(e)).

Plaintiff, PNC Bank, National Association
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Friday, January 21, 2022

State courts have increasingly become the default system for addressing the needs of those with behavioral health issues. Commonly cited statistics show that 64 percent of people in local jails suffer from mental illness. The rate of serious mental illness is four to six times higher in jail than in the general population, and the rate of substance use disorders is seven times higher among those in jail than in the general population.

Following up on its recent call to action, the Illinois Supreme Court Mental Health Task Force (Task Force) is hosting a series of judicially led, multidisciplinary Regional
Continue Reading Supreme Court Mental Health Task Force Leading Change

The Illinois Supreme Court announced the adoption of a policy which will require every state courthouse in Illinois to adopt individual orders or rules regarding the use of portable electronic devices in their courthouse buildings and in their courtrooms.

In adopting this policy, the Court recognizes that portable electronic devices such as cell phones, computers, tablets, and e-book readers are essential tools of today’s society.

Many courthouses already possess policies which address the needs of lawyers, jurors, and other court users and staff to possess portable electronic devices in courthouses yet some bar members of the public and self-represented litigants
Continue Reading Illinois Supreme Court Announces New Policy on Portable Electronic Devices

The Illinois Supreme Court announced today an amendment to Order M.R. 30370 concerning residential evictions. Timed to coincide with the resumption of eviction filings effective August 1, 2021, the amended Order provides for a one-month period in which the judiciary will focus on referring newly filed cases to State programs providing financial assistance to landlords and tenants.

In March 2020, Governor J.B. Pritzker declared a State of Emergency in response to the novel coronavirus (COVID-19) and the President of the United States declared the COVID-19 outbreak a national emergency. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (P.L.
Continue Reading Illinois Supreme Court Announces Triage Period to Wind Down Eviction Moratorium

The Illinois Supreme Court today issued two new orders which will resume statutory time restrictions for speedy trials on October 1 and relax social distancing requirements in courthouses. Both orders are effective immediately.

“It is important to note that our courts remained open during the COVID-19 pandemic and thousands of court proceedings have taken place via both in-person and virtual hearings,” Chief Justice Anne M. Burke said. “However, conducting criminal jury trials has been very difficult. These two orders will help our courts prepare for a return to a full slate of jury trials.”

M.R. 30370, In re: Illinois Courts
Continue Reading Illinois Supreme Court Issues Orders on Speedy Trials and Social Distancing

Our panel of leading appellate attorneys reviews the four Illinois Supreme Court opinions handed down Thursday, June 17. In In re Application of Tax Deed, the court analyzed case-specific facts for purposes of determining whether section 22-85 of the Property Tax Code could be applied to void a tax deed. In Municipal Trust & Savings Bank v. Moriarty, the court construed section 2-202 of the Code of Civil Procedure to determine whether a private process server may serve process on a defendant in Cook County without first being appointed by the circuit court. In Roberts v. Alexandria Transportation, Inc., the
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, June 17, 2021

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today amendments to Rule 756 and Rule 751, which will give $10 from the attorney registration fee to the Illinois Lawyers Assistance Program (LAP) and an additional $10 allocation for the Supreme Court Commission on Access to Justice (ATJ Commission) to provide funding for Illinois Court Help.

The amended rules are effective July 1, 2021.

The Illinois Supreme Court Rules including Amended Rules 756 and 751 can be found here.

The $20 reallocation ($10 for LAP, $10 for Illinois Court Help) will not increase attorney registration fees. Instead,
Continue Reading Supreme Court Reallocates Attorney Registration Fee to Meet Growing Need for Assistance

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today amendments to Rule 11 and Rule 371 which alter the manner of serving certain legal documents and how a rule on confidential records is applied.

The amendment to Rule 371 is effective immediately. The amendment to Rule 11 is effective July 1, 2021.

The Illinois Supreme Court Rules can be found here: http://www.illinoiscourts.gov/SupremeCourt/Rules/default.asp

Rule 11 is the “Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts.” The amendment to Rule 11 now allows email to be used
Continue Reading Supreme Court Amends Rules on Serving Documents and Confidential Records

Our panel of leading appellate attorneys reviews the nine Illinois Supreme Court opinions handed down Thursday, May 20. Seven of the cases are civil and two are criminal.

People v. Bochenek

By Kerry J. Bryson, Office of the State Appellate Defender

Dominic Bochenek was convicted of identity theft based on the unauthorized use of another person’s credit card information to purchase cigarettes. The underlying transaction occurred at a gas station in Lake County, but Bochenek was charged in DuPage County under a provision in the venue statute which allows for the charge to be brought in the county where the
Continue Reading Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 20, 2021