Goodman v. Goodman

Illinois Appellate Court
Civil Court
Illinois Domestic Violence Act; Absolute Litigation Privilege
Citation
Case Number: 
2023 IL App (2d) 220086
Decision Date: 
Wednesday, May 24, 2023
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Plaintiff filed a lawsuit against her ex-husband alleging a claim for intentional infliction of emotional distress and violations under the Illinois Domestic Violence Act after she discovered that he had hired investigators to conduct surveillance on her for more than three years. The trial court dismissed the abuse claims finding that the Act did not provide a private right of action and later granted summary judgment on the intentional infliction of emotional distress claim finding it was barred by the absolute litigation privilege. The appellate court affirmed, finding that the surveillance was conducted in the course of anticipated and pending divorce proceedings and, as a result, was subject to the litigation privilege. The appellate court also explained that the plain language of the Act clearly indicated that the legislature did not intend to imply a private right of action and the trial court did not err in dismissing plaintiff’s claims under the Act. (McLAREN and HUTCHINSON, concurring)