Illinois Second District Appellate Court
Recent News About Illinois Second District Appellate Court
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IL Supreme Court decides to take up Six Flags fingerprint privacy case; spurs fresh rise in BIPA lawsuits
The Illinois Supreme Court has decided to hear arguments over the question of whether the rights of a mother and her teen son were violated under an Illinois privacy law when theme park operator Six Flags required the young man to scan his fingerprints to use his park season pass. And the court's decision to take up the case appears to have helped spur a renewed spurt of lawsuits brought under the Illinois Biometric Information Privacy Act. -
IL Supreme Court: Clerks can't slap on extra fines, but defendants can't appeal, must sue instead
The justices of the Illinois Supreme Court agreed court clerks lack the legal authority to tack on supposedly mandatory fines to judgments entered against defendants, when no judge ever ordered the defendants to pay the fines. However, the court divided sharply over what recourse defendants can use to stop clerks from collecting the fines, nonetheless. -
Illinois Supreme Court: Man's procedural misstep dooms challenge to 'unconstitutional' IL estate tax
A man who claimed the state wrongly used a new state law to collect more than $400,000 in taxes on the estate of his mother, who died four days before the tax law took effect, can’t pursue his claims against the state, because he filed in the wrong court, the Illinois Supreme Court has ruled. -
Illinois Second District Appellate Court revives part of civil suit against church over sexual abuse allegations
A state appeals panel has revived a portion of a lawsuit against a West Dundee church, its pastor and a former youth minister, who recently was sentenced to seven years in prison, saying a Kane County judge improperly dismissed the suit in its entirety. -
Lawyer: IL appeals ruling gives plaintiffs' bar another 'arrow' to wrest deals from dismissed defendants
An Illinois state appeals court's recent decision will give plaintiffs' lawyers "another arrow in their quiver" to keep previously dismissed defendants and marginal parties roped into litigation, in the hope of securing a settlement payment, an attorney said. -
California judge's refusal to toss IL privacy suit vs Facebook may have limited implications for similar cases
Facebook won't be able to quickly delete a class action lawsuit accusing it of violating an Illinois privacy law by tagging people in photographs posted by other users on the social media platform. However, the decision may have limited implications for other lawsuits against companies accused of breaking the Illinois Biometric Information Privacy Act, an attorney says. -
Appeals panel: Dismissal may not end litigation against defendants, if added back as 'respondent in discovery'
A defendant dismissed from a lawsuit can later be brought back into the case again, should plaintiffs simply designate the dismissed defendant a respondent in discovery, a state appeals panel has ruled, despite protests from such a dismissed defendant he could be yet named a defendant again and again, until he agrees to settle to end the case. -
Appeals panel: HVAC worker, not RealUrban BBQ, liable for fall from ladder soaked by greasy water
A state appeals panel says a restaurant is not liable for injuries suffered by a man who, after fixing a restaurant's rooftop air conditioning unit, slipped on greasy water he purportedly had drained onto the roof, and fell from a ladder. -
Hooters: Server, other workers suffered no real harm from scanning fingerprints to track work hours
Hooters has asked a Cook County judge to toss a lawsuit alleging it violated a state privacy law by requiring employees to scan their fingerprints to use when punching in and out of work shifts, though the restaurant chain now faces a similar accusation from another lawsuit. -
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Pressure off for now on businesses worried about BIPA class actions, attorney says
Illinois employers anxious to not get caught in a dragnet of state Biometric Information Privacy Act (BIPA) class actions may be able to breathe easier - for now - after a state appeals court ruling in December. -
Downers Grove within its rights to remove library board member for comments on homosexuality, appeals court says
Controversial comments on homosexuality cost a Downers Grove library trustee his seat on the board, and the village board's decision to remove him has now been upheld by a state appeals panel. -
Divided IL Supreme Court rejects try to hold Northwestern Memorial liable for clinic doctors' actions
A majority of the state’s highest court has rejected a woman’s attempt to hold Northwestern Memorial Hospital responsible for alleged mistakes made by medical professionals employed by a federally funded health clinic which led to the premature birth of her child, saying the case asks the court to expand Illinois case law on the question of so-called “vicarious liability” for hospitals. -
Appeals court: No harm shown in class action vs Six Flags over park pass fingerprint scans
A woman whose son had scanned his fingerprint to verify his identity when using his season pass to enter Six Flags Great America can’t sue the amusement park over the fingerprint scan, because neither she nor her son were legally harmed by the scan, a state appeals court has ruled. -
Illinois appellate court rules FedEx shipping label does not prove foreclosure letter was sent
A state appeals court has ordered U.S. Bank to offer more proof it actually notified a couple of its intent to foreclose on their home mortgage, saying a FedEx shipping label is not enough to prove a lender actually sent the notices, as required under federal regulations. -
State appeals court: Insurer doesn't need to cover lawn service whose worker sprayed lawns with herbicide
A state appeals panel has affirmed a lower court's decision to allow an insurance company to deny coverage to a flower and lawn care business whose employee accidentally destroyed several clients' lawns by spraying them with an herbicide instead of a fertilizer. -
Divided appeals court says Lake County wrong to deny permit for homeless shelter in public building
A charity seeking to operate a new residence facility in Lake County for the chronically homeless have secured a win in their tussle with county officials over the project, after a divided state appellate panel sided with a trial court's decision to reverse a county board's decision to deny the Lake County PADS group's application to open a new site for its Safe Haven program in a vacant government building. -
IL Sup. Ct. scolds appeals panel requesting clarification on human rights law; Dissent: Don't limit appeal rights
A divided Illinois Supreme Court has overturned a split appellate decision, with the majority saying the appellate panel had no business referring a question about the Illinois Human Rights Act to the state high court, and dissenting justices said the ruling has the potential to limit appeal rights. -
Suburban appeals panel tosses doctors' antitrust suit over scuttled NorthShore, Advocate merger
A state appeals panel has upheld a Lake County judge's ruling dismissing a group of doctors' antitrust complaint over the scuttled merger between the NorthShore University and Advocate health systems. -
Appellate court compels Edward Hospital to produce notes regarding infant's death, says not protected
A state appeals panel has upheld a decision from a lower court ordering Edward Hospital, in Naperville, to produce documents related to the death of an infant. -
Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job
A state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.