The Illinois Supreme Court handed down two opinions on Thursday, April 2. In People v. Brown, the Supreme Court found that a circuit court unnecessarily reached a constitutional issue in its determination that requiring someone to have a FOID card for an in-home weapon is unconstitutional. In Crim v. Dietrich, the Court addressed post-trial motions and remanded for a new trial de novo on only the issue raised in the post-trial motion.
Supreme Court Quick Takes
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April 2, 2020 | Practice News

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March 23, 2020 | Practice News

The Illinois Supreme Court handed down four opinions on Thursday, March 19. In People v. McLaurin, the court reinstated a man’s conviction of being an armed habitual criminal. In People v. Hill, the court declined to overrule its prior decision in People v. Stout, which holds that the odor of burnt cannabis, alone, is enough to provide probable cause to search a vehicle. In People v. Jackson, the court upheld a murder conviction despite the defendant’s claims of error. In Whitaker v. Wedbush Securities, Inc., the court construed article 4A of the Illinois Uniform Commercial Code to determine whether the term “bank” applied to the defendant futures commission merchant.
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March 4, 2020 | Practice News

The Illinois Supreme Court handed down one opinion on Wednesday, February 26. In Burns v. Municipal Officers Electoral Board, the court upheld the constitutionality of a provision of the Illinois Municipal Code restricting the power of home rule municipalities to impose term limits.
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February 21, 2020 | Practice News

The Illinois Supreme Court handed down two opinions on Friday, February 21. In People v. Gayden, the court considered whether to provide a means for a defendant to challenge his trial attorney’s failure to file a motion to suppress where the record on direct appeal was found to be insufficient to evaluate that claim. In Joiner v. SVM Management, LLC, the court reaffirmed its prior holdings that a class action lawsuit is mooted when the named plaintiff rejects tender of full relief before a class certification motion is filed.
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January 27, 2020 | Practice News

The Illinois Supreme Court handed down eight opinions on Friday, January 24. Full summaries of the opinions are available below.
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December 20, 2019 | Practice News

The Illinois Supreme Court handed down five opinions on Thursday, December 19. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In Ammons v. Canadian National Railway Co., the court interpreted the meaning of sections 55 and 60 of the Federal Employers’ Liability Act. In Iwan Ries & Co. v. the City of Chicago, the court addressed the city of Chicago’s power to tax tobacco products other than cigarettes. In Jones v. Pneumo Abex, LLC, an asbestos-related case involving claims of civil conspiracy, the Supreme Court remanded to the appellate court for reconsideration of a summary judgment reversal. In Andrews v. Metropolitan Water Reclamation District of Greater Chicago, the court provided further clarity on discretionary immunity available under sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act. In Rushton v. the Department of Corrections, the court interpreted the Freedom of Information Act (FOIA) in deciding whether a journalist could obtain a settlement agreement between Wexford Health Sources, Inc., an entity that contracts with the Illinois Department of Corrections (DOC) to provide medical care to inmates, and the estate of an inmate who died from cancer.
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December 5, 2019 | Practice News

The Illinois Supreme Court handed down one opinion on Thursday, December 5. In People v. Eubanks, the court held 625 ILCS 5/11-501.2(c)(2) unconstitutional as applied to the defendant. Section 501.2(c)(2) permits the warrantless collection and testing of an individual’s blood, breath, or urine for alcohol or drugs if the police have probable cause to believe that the individual was driving under the influence and was involved in a motor vehicle accident causing death or personal injury to another.
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November 21, 2019 | Practice News

The Illinois Supreme Court handed down nine opinions on Thursday, November 21. Full summaries of the opinions are available below.
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October 24, 2019 | Practice News

The Illinois Supreme Court handed down one opinion on Thursday, October 24. In Yakich v. Aulds, the court vacated a circuit court judgment, which declared unconstitutional section 513 of the Illinois Marriage and Dissolution of Marriage Act.
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October 18, 2019 | Practice News

The Illinois Supreme Court handed down two opinions on Friday, October 18. In People v. Murray, the court reversed a defendant’s conviction of unlawful possession of a firearm by a street gang member on the basis that the Illinois Streetgang Terrorism Omnibus Prevention Act requires proof of specific offenses in order to satisfy the “course or pattern of criminal activity” element necessary to establish that an individual is a street gang member. In People v. Austin, the Supreme Court rejected a circuit court’s determination that a criminal charge against a woman who distributed private sexual images of her ex-fiancee’s lover violated her first-amendment rights.