State Court News
State Court
Appeals court: Waivers shield climbing wall operator from lawsuits over climbers' fall
Climber failed to show liability release violated sound public policy
State Court
IL Supreme Court: Employers can't end class actions over unpaid wages by paying the wages
Unanimous ruling holds plaintiffs allowed to pursue damages if they can prove employer broke the law. Business advocates warned the ruling could lead to yet more "ruinous costs" for employers from lawsuits in Illinois courts.
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IL Treasurer: Chicago City Hall wrongly keeping millions of dollars worth of unclaimed checks, other property
Illinois State Treasurer Michael Frerichs, through Attorney General Kwame Raoul, sued the city of Chicago, seeking a court order knocking down the city's claim that its home rule power exempts it from having to turn over to the state millions of dollars of unclaimed checks and refunds owed to Illinoisans
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IL appeals court: Ex-Fertility Clinics finance director can't sue over firing, but not because of crimes
The court said the IL Human Rights Commission was OK to dismiss a complaint lodged by a man who claimed Fertility Clinics of Illinois illegally fired him from his post as finance director after finding out he had been indicted for financial crimes. The Commission had ruled the man was unresponsive and abandoned his case
State Court
IL Sup Court upholds changes to workers' comp law; Asbestos, other toxic exposure suits from decades past not barred
The court ruled changes enacted by Illinois Democrats at the urging of trial lawyers don't deprive companies of their constitutional due process rights by now allowing them to be sued over exposure to asbestos and other toxic substances from decades past, when they had previously been explicitly shielded
State Court
Cook County gun, ammo tax unconstitutional still, judge says
The Illinois Supreme Court struck the law down in 2021, saying Cook County's taxes and fees don't hold up under the state constitution. Cook County had argued changes it made in the way it distributes the funds should address those concerns. A Cook County judge said the changes don't undo the earlier ruling
State Court
Appeals court: State must ensure IDES board review isn't 'rubber stamp' for employers
Panel overturns denial of benefits for pharmacy worker, calls on governor and lawmakers to act
State Court
Retailers can be sued in IL state court under fed law for printing too many card digits on receipts, even if no real harm done
2-1 state appellate court ruling advances allegations of violating Fair and Accurate Credit Transactions Act
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IL Supreme Court turns back bid by Cook County to tax 'future' fuel sales
Business advocates in Illinois said, if the Illinois Supreme Court had sided with Cook County, it would have opened the door for a massive array of new local occupation taxes of all kinds throughout the state, which would 'devastate' businesses
State Court
Lawsuit accuses Ferrara of violating constitutionally challenged IL temp worker law
Activist labor group Chicago Workers Collaborative sued Ferrara Candy Company, accusing the company of violating technical notice provisions of a controversial Illinois temp worker protection law. Staffing agencies say the law could drive them out of business in Illinois. They are challenging the law in court as unconstitutional
State Court
Sun-Times can't use anti-SLAPP law to block defamation suit from ex-PTAB attorney over alleged false story
6-0 ruling doesn't address merits of underlying complaint
State Court
SAFE-T Act pretrial jailing appeals drop 88% after court rule changes; 'Found a sweet spot,' says task force chair
The number of appeals filed by criminal defendants seeking release from jail while they await trial dropped from 1,041 in January to mid-April to 154 in the three months following rule changes to ease the burden. The appeals numbers are still up significantly compared to years preceding Illinois' criminal justice system reforms
State Court
City Employees Allege Unlawful Enactment Against Chicago's COVID-19 Vaccination Policy
A group of city employees filed a lawsuit challenging Chicago's COVID-19 Vaccination Policy for lacking proper authorization details. Despite multiple amendments, their claims were dismissed for failing to state sufficient facts or legal backing.
State Court
Assisted Living Resident Alleges Arbitration Agreement Unconscionability Against Facility
In a recent ruling by the Illinois Appellate Court, Joan Hwang successfully challenged an arbitration agreement with Pathway LaGrange Property Owner after sustaining injuries at their assisted living facility in February 2023. The court found the agreement unconscionable due to its one-sided nature favoring the defendant and denied their motion to compel arbitration.
State Court
Nursing homes can use Pritzker Covid orders to block suits over Covid deaths
The Illinois Supreme Court has ruled trial lawyers can't entirely sidestep emergency orders issued by Gov. JB Pritzker at the onset of the Covid pandemic to hit nursing homes with lawsuits over Covid deaths, even though the governor's orders appeared to protect them from such lawsuits
State Court
'A downward spiral': Biz groups, legal reformers urge IL high court to nix bid to kill anti-forum shopping rule
The filings come in response to an attempt by the Illinois Trial Lawyers Association to seize on a dispute over the constitutionality of a controversial state law to win a long sought policy goal, which would funnel lawsuits into Cook, Madison and St. Clair counties, in pursuit of bigger, easier verdicts
State Court
Plaintiff Alleges Negligence Against Property Managers Over Parking Lot Fall
A woman's appeal against property managers for injuries sustained in a parking lot fall has been denied by an Illinois appellate court. Rossmid Lopez-Arana sued Brian Properties and others for negligence after falling on ice-covered pavement but failed to prove unnatural accumulation caused her injuries according to judges' ruling.
State Court
Plaintiff alleges used car dealer Nitro Detergent Specialists of fraudulent misrepresentation
Brendan Moore's lawsuit against Nitro Detergent Specialists over alleged fraud in a used car sale has been dismissed with prejudice by an Illinois court. The case centered around claims of concealed damage history in a vehicle sold under an “as is” agreement.
State Court
Homeowner Accuses Local Government Over Building Code Violations
A homeowner is challenging local government decisions regarding alleged building code violations at his property in Lansing, Illinois. James Fisher claims procedural missteps led to fines totaling $1000 after disputes over inspection requirements were mishandled by municipal authorities.
State Court
IL Supreme Court: Lawsuit damages over spouse's wrongful death must still be paid if surviving spouse remarries
The unanimous opinion said a judgment compensating one spouse for the loss of another through medical malpractice or other harm must still be paid by defendants, even if the judgment includes money for "material services" the other spouse would have provided to the household in the form of completed chores like cooking meals and washing clothes