Kirk v. Arnold

Illinois Appellate Court
Civil Court
Attorney Fees
Citation
Case Number: 
2020 IL App (1st) 190782
Decision Date: 
Tuesday, June 16, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
FITZGERALD SMITH

Court denied Plaintiffs' request for attorney fees under section 5(c) of Illinois Civil Rights Act, on basis that they had received pro bono representation in the case and thus had not incurred any attorney fees. Remanded for entry of an order awarding attorney fees to Plaintiffs. The Act requires the court to award "reasonable attorneys' fees" to a plaintiff who is a prevailing party, and it contains no additional qualifying language that the fees must be "incurred" to be recoverable. (PUCINSKI and COGHLAN, concurring.)