Schiller v. Homeservices of Illinois, LLC

After receiving a jury verdict in their favor on a breach of contract claim, plaintiffs appealed from a trial court order dismissing a claim brought under the Illinois Wage Payment and Collection Act. Defendant also appealed, arguing that the trial court erred in denying its motion for summary judgment and two motions in limine, that the jury’s verdict was against the manifest weight of the evidence, that the trial court erred in denying defendant’s motion for JNOV, and that the trial court improperly granted a motion for additur. The appellate court affirmed the verdict, finding it was not against the manifest weight of the evidence. The appellate court found that the trial court did not err in granting plaintiffs’ motion for additur but that the trial court could only grant a new trial or increase damages with the consent of the defendant, which it did not do. The appellate court also found that the plaintiffs’ claims fell under the Wage Act and remanded for further proceedings. (McDADE, concurring and HETTEL, concurring in part and dissenting in part)