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Supreme Court quick takes

Quick takes on Thursday's Illinois Supreme Court opinions

Posted on June 20, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Metropolitan Life Insurance Company v. Hamer, Wilkins v. Williams, VC&M Ltd. v. Andrews and Crittenden v. The Cook County Commission on Human Rights and the criminal case In re B.C.P.

CIVIL

Metropolitan Life Insurance Company v. Hamer

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

A carrot dangled by an amnesty statute for delinquent taxpayers resulted in the Department of Revenue hitting a corporate taxpayer with a rather large stick:  a penalty of 200% interest.  Accordingly to a 4-2 decision of the Illinois Supreme Court, the plain language of the Tax Delinquency Amnesty Act, 35 ILCS 745/10 (West 2004), required this result.  The Amnesty Act established a program for taxpayers owing payment for any taxable period between June 30, 1983 and July 1, 2002, to avoid interest and penalties, as well as civil or criminal prosecution, by paying “all taxes due” during a six-week period in 2003.  Taxpayers who failed to square up during the amnesty period faced a penalty of 200% interest under another statute, the Uniform Penalty and Interest Act, 35 ILCS 735/3-2(f) (West 2004). 

Quick takes on Thursday's Illinois Supreme Court opinions

Posted on May 23, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases McFatridge v. Madigan, Standard Mutual Insurance Company v. Lay, In re Marriage of Mayfield and In re the Parentage of J.W. and the criminal cases People v. Henderson and In re M.I.

CIVIL

McFatridge v. Madigan

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

The State of Illinois need not pick up the litigation tab incurred by an elected state official in defending a civil lawsuit where the claim arises from certain types of misconduct, even if he acts in the scope of employment. Accordingly, the Illinois Supreme Court upheld a circuit court's dismissal of the complaint of Michael McFatridge, a former Edgar County State's Attorney, seeking to force Attorney General Lisa Madigan to approve payment of McFatridge's legal expenses.

Quick take on Palm v. 2800 Lake Shore

Posted on April 25, 2013 by Chris Bonjean

CIVIL

Palm v. 2800 Lake Shore Drive Condominium Association

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

Palm v. 2800 Lake Shore, while nominally about the circumstances in which a condominium unit owner can obtain the records of the condominium association, is fundamentally about whether the section of the Chicago Municipal Code dealing with that subject is a valid exercise of the City’s home rule power. The court also decided that the prevailing plaintiff unit owner, entitled to attorneys fees pursuant to the ordinance allowing recovery of "his reasonable attorney fees," is not limited to the fees actually charged by his attorney, but could recover greater fees at the reasonable market rate established by the evidence. The circuit and appellate courts were affirmed.

The association defendants asserted that the Chicago ordinance conflicted with the Condominium Property Act and the General Not For Profit Corporation Act. The statutes require unit owners to state a proper purpose for obtaining association financial books, limit requests to ten years of records, and allow the association 30 days in which to gather the records. The ordinance does not require statement of a purpose, does not restrict the age of the documents, and requires production with three business days. The parties and the court all agreed that the ordinance conflicted with the statutes.

Quick takes on Thursday's Illinois Supreme Court opinions

Posted on April 18, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Russell v. SNFA and the criminal cases People v. Domagala, People v. Martinez, People v. Lloyd and People v. Colyar.

CIVIL

Russell v. SNFA

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

This helicopter-crash case provoked two important long-arm-jurisdiction issues: whether due process protection under the Illinois long-arm statute is greater than federal due process protectionsand whether to apply a narrow or broad version of the stream-of-commerce theory.

Defendant SNFA manufactured a custom tail-rotor bearing in France used in a helicopter manufactured by an Italian company. That manufacturer’s wholly-owned subsidiary located in Pennsylvania sells defendant-produced parts and sells helicopters incorporating defendant’s parts. SNFA knew that the manufacturer incorporated its products into its helicopters for sale in America but did not know the final destination.

SNFA does not have any direct United States customers for its custom-made helicopter parts. SNFA does not have any offices, property, assets or employees in Illinois.

Since 1997, SNFA has sold aerospace bearings to a company located in Rockford. Those bearings are a different model and type from those involved in this case. 

A helicopter containing an SNFA part crashed in Illinois.

Quick take on Thursday's Illinois Supreme Court opinions

Posted on April 4, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case In re Estate of Boyar and the criminal cases People v. Fitzpatrick, People v. Le Mirage, Inc. and People v. Hunter.

Quick takes on Thursday's Illinois Supreme Court opinions

Posted on March 21, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Ferguson v. Patton, Julie Q. v. the Department of Children and Family Services and DeHart v. DeHart and the criminal cases People v. Cruz and People v. Donelson.

CIVIL

DeHart v. DeHart

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

For more than 50 years plaintiff believed his decedent father’s representation that the decedent was plaintiff’s biological father. Plaintiff found to the contrary when he obtained a certified copy of his birth certificate to obtain a passport, which revealed who his biological father was. That man had abandoned the plaintiff when he was two, and had no further contact. Decedent married plaintiff’s mother, and for more than 60 years held plaintiff out to everyone as his biological son. 

Plaintiff’s mother died in April 2001. In 2005, decedent, then 83, married defendant, 29 years his junior. Three hundred sixty-four days later, decedent executed a new will in which he stated “I have no children.” A prior will provided bequests for plaintiff and plaintiff’s children. 

Legal suspense builds throughout this Opinion as the court methodically works through the six counts of the complaint which had been dismissed by the circuit court, knowing that what lies at the end will be the court’s treatment of the theories for “contract for adoption” and “equitable adoption.” The appellate court, which had reversed the circuit court’s dismissal of all counts, was affirmed in the entirety. 

Quick takes on Friday's Illinois Supreme Court criminal opinions

Posted on February 25, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the criminal cases People v. Rivera, People v. Evans, People v. Eppinger and People v. Somers.

CRIMINAL

People v. Rivera

By Kerry J. Bryson, Office of the State Appellate Defender

Quick takes on Friday's Illinois Supreme Court civil opinions

Posted on February 22, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Griggsville-Perry Community Unit School Dist. No. 4 v. Ill. Educational Labor Relations Bd. and State Bank of Cherry v. CGB Enterprises, Inc. Quick Takes on Friday's criminal opinions will be available next week.

Quick take on Thursday's Illinois Supreme Court opinions

Posted on February 7, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Wilmington, People v. Jackson and People v. Grant.

CRIMINAL

People v. Wilmington

By Jay Wiegman, Office of the State Appellate Defender

Quick take on Friday's Illinois Supreme Court opinions

Posted on January 25, 2013 by Chris Bonjean

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Poris v. Lake Holiday Property Owners Association and Bjork v. O'Meara and the criminal case People v. English.

CIVIL

Poris v. Lake Holiday Property Owners Association

By Jay Wiegman, Office of the State Appellate Defender

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