Mashal v. The City of Chicago

Illinois Supreme Court
Civil Court
Class Actions
Case Number: 
2012 IL 112341
Decision Date: 
Thursday, December 13, 2012
1st Dist.
Cook Co.
Appellate court affirmed; remanded.
Chicago taxi drivers filed class action suit challenging City's practice of issuing "fly-by" traffic citations, issued by mail rather than by attempted service at scene of violation. A "decision on the merits" is a complete determination of liability on a claim based on facts disclosed by the evidence, and which establishes a right to recover in at least one class member, but is short of a final judgment. Grant of partial summary judgment, and court order which made no finding of liability, was not a decision on the merits and did not preclude decertification. (KILBRIDE, GARMAN, KARMEIER, BURKE, and THEIS, concurring; FREEMAN, specially concurring.)