Top News

Chicago tax on car rentals outside city limits unconstitutional stretch of power, IL Supreme Court says

Jonathan Bilyk Jan. 20, 2017, 4:13pm

The city of Chicago cannot require car rental businesses located outside city limits to collect city taxes on rental cars leased by Chicago city residents, the Illinois Supreme Court has ruled, striking down as unconstitutional a city ordinance seeking to slap a tax on cars rented within three miles of Chicago city limits.

Co-defendants in case from 3-car I-88 wreck can't pull man back in who caused it while DUI, but settled

Dana Herra Jan. 19, 2017, 3:46pm

A man who caused a three-car crash while driving under the influence of cocaine on Interstate 88 near Naperville, and later settled with a woman severely injured in the crash, cannot be reintroduced into the woman’s lawsuit to diffuse responsibility from other defendants in ensuing litigation, a state appeals court has ruled, rejecting assertions the driver’s DUI conviction indicated his actions that caused the crash were intentional, rather than merely negligent.

Appeals court: Cook Circuit Clerk misinterpreted state law, can be sued for wrongly collecting fees

Jonathan Bilyk Jan. 18, 2017, 4:08pm

The Cook County Circuit Clerk’s office has misinterpreted a state law allowing it to collect fees from people filing certain motions in court, a state appeals court has said, clearing the way for a Chicago man and his attorney to pursue their lawsuit to secure a court order forcing the clerk’s office to stop demanding the money.

Appeals court: Lawsuit vs Megabus over 2014 Indiana crash to stay in Cook County, not Hoosier state

Dan Churney Jan. 16, 2017, 12:22pm

A Chicago appeals panel has affirmed a lower court ruling that blocked a request by nationwide transportation company Megabus, and other defendants in a traffic crash injury suit, to shift the case from Cook County to rural Indiana, where the crash occurred, because of convenience. 

Commodity futures brokerage can sue ex-lawyer for bad advice, despite faulty summons: Appeals court

Scott Holland Jan. 16, 2017, 12:22pm

A Cook County judge was wrong to dismiss a $496,000 legal malpractice case a commodity futures brokerage had lodged against its ex-lawyer, simply because its initial attempt to serve the lawyer with a summons failed, a state appeals court has ruled. 

IL Supreme Court mulls legality of hospital property tax exemptions; could await better test case

Jonathan Bilyk Jan. 13, 2017, 5:23pm

The Illinois Supreme Court could soon decide whether hospitals in Illinois should be allowed to avoid paying property taxes, or whether a state law used to grant them tax exemptions should be declared unconstitutional. Or the court could simply sidestep the matter for now, and instead await the arrival of a different case better suited for addressing the sticky legal questions.

Appeals panel: 'Political' lawsuit vs 2011 Pawar aldermanic opponent costs 47th Ward businessmen $52K

Dan Churney Jan. 11, 2017, 5:08pm

A Chicago appellate panel has affirmed a lower court ruling that two North Side businessmen must pay the legal costs incurred by a failed aldermanic candidate while fighting their defamation lawsuit, because the suit was “politically motivated.”

Appeals panel says Sears data disclosure doesn’t harm credit card holders, so suit is tossed

Dan Churney Jan. 9, 2017, 4:41pm

A Chicago appeals courts has affirmed a lower court ruling that shelved a class-action suit against Sears, Roebuck & Co., which alleged the retail giant sold credit card holders’ personal data to telemarketers, because card holders took no financial hit as a result of Sears’ action.

Appeals court: IL didn't overstep in cutting nursing homes' Medicaid pay; homes can't sue in Cook courts

Dan Churney Jan. 4, 2017, 5:58pm

A Chicago appellate panel has affirmed a lower court finding that a suit lodged by scores of nursing homes, alleging Illinois state government excessively cut its Medicaid reimbursements to the nursing facilities, should be pursued in the Illinois Court of Claims rather than Cook County Circuit Court, because the state did not overstep its authority as to how it calculated the reductions. 

City Hall can't tax mortgage transfers, because mortgages don't equal ownership, appeals panel says

Dan Churney Dec. 27, 2016, 12:17pm

A state appeals panel in Chicago has ruled the city of Chicago can’t impose its real estate transfer tax on mortgage assignments for two properties – one on the Gold Coast – because mortgages don’t confer ownership, and so are not “beneficial interests” as defined by the tax ordinance. 

Appeals panel: N. Riverside can't claim hardship to skirt police, fire pension obligations

Dan Churney Dec. 23, 2016, 10:07am

A Chicago appeals court has ruled a state hearing officer was within his discretion when he decided not to swallow a suburban village's contention it didn't contribute to fire and police pensions, because of financial hardship brought on by the Great Recession and its impacts on the village’s economy. 

Appeals panel: Ex-Giordano's franchisee must pay his ex-lawyers for lost arbitration vs pizza chain

D.M. Herra Dec. 16, 2016, 1:02pm

A state appellate panel has ruled an entrepreneur must pay his former attorneys for representing him in an arbitration matter against Giordano’s, which revoked his two franchise licenses after accusing him of violating his non-compete agreement. 

Write-in judge candidate OK to log votes, but no winner yet vs law clerk accused of impersonating judge

Jonathan Bilyk Dec. 12, 2016, 8:07pm

An Illinois appeals panel has backed up a Cook County judge in declaring the law should be interpreted to allow a write-in candidate who is seeking to win a judicial seat against a former law clerk accused of impersonating a judge to receive votes cast for her on Election Day. However, neither the appellate justices nor a Cook County judge have yet declared the write-in candidate the winner of the Nov. 8 election, saying the answer to that question should come from the Illinois Supreme Court.

IL Supreme Court: Berrios can't block county Inspector General's investigation at Assessor's office

Jonathan Bilyk Dec. 1, 2016, 12:27pm

The state’s highest court has declared Cook County Assessor Joseph Berrios must comply with subpoenas issued by the county’s Inspector General, saying a Cook County ordinance empowering the Inspector General to “detect, deter and prevent corruption, fraud, waste, mismanagement, unlawful political discrimination or misconduct in the operation of County government” can be constitutionally applied to investigations of potential misconduct in the offices of elected county officials, like Berrios.

Panel: Those with bowel diseases can sue retailers who refuse them bathroom access under IL law

Dan Churney Nov. 25, 2016, 9:53am

A Chicago appeals panel has reversed a lower court’s dismissal of a suit against the Anthropologie retail chain, saying a customer with a bowel disease can sue the company under a state restroom access law for not letting her use an employee bathroom, which caused her to soil herself in public. 

Appeals panel OK’s Empress Casino, insurers try to put cleaning company on the hook for ‘09 fire

Dan Churney Nov. 21, 2016, 3:25pm

A Chicago appeals panel ruled the former Empress Casino Joliet and its insurers can try to recoup $84 million in deductibles and claims from a kitchen grease removal service, but not from construction contractors, in connection with the 2009 blaze that gutted the casino during renovation work. 

Appeals panel tosses 'labyrinth' of suits vs lawyers from man whose wife died in Colorado bus accident

Scott Holland Nov. 16, 2016, 12:09pm

A state appeals panel has cut through a complex web of legal malpractice actions brought by a man who had essentially alleged many of his ex-lawyers had conspired with intercity bus operator Greyhound Lines to keep him from suing over his wife’s death in a bus accident 15 years ago. The appellate order upheld a circuit court ruling on the consolidated cases that has involved several Illinois attorneys and more than 25 appeals. 

Bicyclist wins new chance on appeal to sue Chicago Park Dist. for fall on Lakefront Trail

Scott Holland Nov. 10, 2016, 11:39pm

A bicyclist who injured himself in a Lakefront Trail fall will get another day in court in his complaint targeting the Chicago Park District for failing to fix a crack in the pavement he said caused his spill. 

Panel: Chicago commission OK to order condo association to pay lesbian couple's $68K legal bills

Scott Holland Nov. 1, 2016, 7:01pm

The Chicago Commission on Human Relations acted properly in awarding more than $68,000 in legal fees to a lesbian couple who had complained their building’s owners association had harassed and discriminated against them for being lesbians, a state appeals panel has ruled.

Panel: 'Pay-when-paid' contract language means contractor owes sub even though stiffed by customer

Dana Herra Oct. 27, 2016, 1:42pm

A contractor must pay its subcontractor for excavation work on an abandoned development site, even though the developer who hired the general contractor never paid its bills, an appellate court ruled.