Articles on Illinois Supreme Court

New Rules on Judicial Performance Evaluation By Hon. Alfred Swanson, (ret.) Bench and Bar, January 2022 An overview of the amended Illinois Supreme Court Rule 58.
Divided Illinois Supreme Court Holds That Fiduciaries Are Not Liable for Usurpation of a Corporate Opportunity Where the Opportunity Taken Was Not Exclusive By Samuel Neschis Business and Securities Law, October 2021 In Indeck Energy Services, Inc. v. DePodesta, the Illinois Supreme Court addressed the question of whether a fiduciary can be liable for usurpation of a corporate opportunity where the fiduciary’s personal taking of the opportunity did not prevent the corporation from being able to take advantage of the opportunity as well.
Existence of Employment Contract Bars Retaliatory Discharge Claim; School Principal Qualifies as ‘Minister’ So That Whistleblower Claim Fails By Michael R. Lied Labor and Employment Law, March 2021 In a recent case, the Illinois Supreme Court ruled that an ex-employee who had been employed under an employment agreement could not state a claim for common law retaliatory discharge.
Does Allowing Employees to Work From Home Put Corporations at Risk of Expanding Where They Can Be Properly Sued Under Illinois’ Venue Statute? The Illinois Supreme Court Weighs In By Edward Casmere & Brian O’Connor Watson Bench and Bar, November 2020 Last month, the Illinois Supreme Court determined whether an employee’s home office establish residency of their corporate employer for determining proper venue.
Illinois Supreme Court Reaffirms Common Law Rule of Successor Nonliability By Joshua D. Lee Bench and Bar, October 2020 The Illinois Supreme Court’s recent decision in Department of Human Rights v. Oakridge Healthcare Center, LLC reaffirms that the common law rule of successor nonliability controls in Illinois.
Illinois Supreme Court Rules Public Employers Can Keep Disciplinary Records Longer Than Union Contracts Provide By Carlos Arévalo Local Government Law, July 2020 On June 18, 2020, the Illinois Supreme Court ruled that enforcement of a union contract provision mandating the destruction of disciplinary records was against Illinois’ public policy of preserving and retaining public records.
Supreme Court Releases Statement on Racial Justice, Next Steps for Judicial Branch Bench and Bar, July 2020 An Illinois Supreme Court press release on the fair and equitable administration of justice, and how the court plans to address these issues.
Illinois Supreme Court announces two changes to Extended Media Coverage Policy By Joseph R. Tybor & Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, April 2015 Click here to learn more about the new significant changes.
Illinois Supreme Court raises filing fees for reviewing courts in Illinois By Joseph R. Tybor & Hon. Alfred M. Swanson, Jr. (Ret.) Bench and Bar, January 2015 On January 1, 2015, filing fees for reviewing courts in Illinois doubled. This is the first increase in filing fees since 1957.
Reporter of Decisions has retired after nearly three decades of service to the Supreme Court By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, January 2014 Brian Ervin began working for the Supreme Court in 1986, and retired effective January 1, 2014 after 27 years of service.
Determining whether “shall” means shall By John C. Robison, Jr. Bench and Bar, August 2013 In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Determining whether “shall” means shall By John C. Robison, Jr. Mineral Law, May 2013 In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
The Illinois Supreme Court establishes a Strategic Planning Committee to identify and meet the changing needs of the Illinois courts By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, October 2012 Chief Justice Thomas L. Kilbride and the Illinois Supreme Court have formed a long-range planning committee to serve as a “think tank” to better adapt Illinois courts to future trends in economic, technological, scientific and social changes.
The supervisory authority of the Supreme Court of Illinois: A powerful tool for the court and practitioner alike By Matthew R. Carter Civil Practice and Procedure, April 2012 Illinois Supreme Court Rule 383 provides the requirements for a motion for supervisory order. These motions are rarely granted, yet they have been used successfully at every stage of litigation in Illinois.
Illinois Supreme Court announces new public domain citation system, ending era of printed volumes By Joseph Tybor & Hon. Alfred M. Swanson, Jr. Bench and Bar, June 2011 The Illinois Supreme Court has mandated a new way of officially citing its cases and those of the Illinois Appellate Court starting July 1, 2011. This new method will save Illinois taxpayers hundreds of thousands of dollars a year by eliminating the need to publish and purchase the official opinions in bound volumes.
Thomas L. Kilbride elected as next Supreme Court Chief Justice By Joseph Tybor Bench and Bar, November 2010 Learn more about the newly elected Chief Justice of the Illinois Supreme Court.
Three women on the Court By Michele M. Jochner Bench and Bar, November 2010 For the first time in history, three women serve on both the U.S. Supreme Court and the Illinois Supreme Court.
Illinois Supreme Court forms Special Judicial Advisory Committee for Justice and Mental Health Planning By Joseph Tybor Bench and Bar, June 2010 The Illinois Supreme Court recently created a Special Supreme Court Advisory Committee for Justice and Mental Health Planning in order to maximize the use of court and community resources to aid the rehabilitation and treatment of accused offenders who have mental health issues.
Audio of Illinois Appellate Court arguments are accessible from Supreme Court Web site By Joseph Tybor Bench and Bar, May 2010 Audio recordings of all oral arguments in the Illinois Appellate Court are now available on the Court’s Web site.
Supreme Court shifts views on arbitration By Sidra Hamidi Alternative Dispute Resolution, May 2010 The Illinois Supreme Court will decide whether courts or arbitrators themselves would decide the enforceability of an arbitration agreement.
Audio of Illinois Appellate Court arguments are accessible from Supreme Court Web site By Joseph Tybor Bench and Bar, April 2010 Audio recordings of all oral arguments in the Illinois Appellate Court are now available on the Supreme Court’s Web site.
A perspective on the Illinois Supreme Court, judging, and our profession By Hon. Anne M. Burke Bench and Bar, October 2009 Address to the Northwest Suburban Bar Association January 28, 2009.
Supreme Court arguments on the Web By Alfred M. Swanson, Jr. & Joseph Tybor Bench and Bar, February 2008 The Illinois Supreme Court has begun publishing video and audio recordings of oral arguments on its Web site (http://www.state.il.us/court/).
Administrative Order limiting number and length of published opinions in Appellate Court is repealed By J. Timothy Eaton Bench and Bar, February 2007 On December 18, 2006, our Supreme Court issued a very succinct Order repealing its prior Administrative Order 10343, which was entered on June 27, 1994.
State appropriations to court system for fiscal year 2002 By Hon. Dennis M. Dohm Bench and Bar, October 2001 In "An Act making appropriations" (P.A. 92-3) for state fiscal year July 1, 2001, to July 1, 2002 (FY, '02), the General Assembly made the following appropriations to the Illinois Supreme Court for the operation of the Illinois court system (similar appropriations made for the prior two fiscal years, FY '01 and FY '00, are also shown):
Recent Illinois Supreme Court opinion Bench and Bar, May 2000 In People v. Cervantes, 189 Ill. 2d 80 (1999), the supreme court struck down, without dissent, Public Act 88-680, the "Safe Neighborhoods Law."
Illinois Supreme Court splits the baby on issue of fraudulent transfer into tenancy by the entirety By Joseph P. Chamley Commercial Banking, Collections, and Bankruptcy, April 2000 The Illinois Supreme Court has decided that pursuant to the Fraudulent Transfer Act (740 ILCS 160/1 et seq (West 1996)), a home transferred to a husband and wife in tenancy by the entirety cannot be sold to satisfy the debt of only one spouse unless the property was transferred "with the sole intent to avoid the payment of debts existing at the time of the transfer.
Supreme court finds prosecutorial misconduct Bench and Bar, March 2000 Doffyn who was fatally wounded and Bubals who was wounded but survived. Defendant was found guilty by a Cook County jury of first degree murder, attempted first degree murder and other felonies.
From the Illinois Supreme Court Criminal Justice, February 2000 Justice Bilandic wrote the opinion that found that 625 ILCS 5/12-0611 violated the first amendment.
Recent Illinois Supreme Court decision Bench and Bar, February 2000 People v. Wooters, ____ Ill. 2d ____ (S. Ct. Doc. No. 83595 (Nov. 18, 1999)), is a decision rendering a judgment few will seriously dispute but because the line-up of the supreme court judges is bizarre (not unusual for this court; see, e.g., Tosado v. Miller, 188 Ill. 2d 186 (1999), the rationale is opaque.

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