ADR and Mediation

Bovay v. Sears, Roebuck & Co.

Bovay v. Sears, Roebuck & Co.
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2013 IL App (1st) 120789
Decision Date: 
Friday, July 19, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
REYES
Court properly denied company's motion to compel arbitration of claims brought by plaintiffs, who were Sears credit card holders in a consolidated class action alleging that company unlawfully disclosed confidential data to third parties. Credit card agreement provided for arbitration upon election of either party. Court properly ruled that company knew of its right to arbitrate and could have asserted it for years after complaints were filed, but did not. Company failed to show it would have been futile to assert its right to arbitrate, and its substantial delay in demanding arbitration caused prejudice to plaintiffs. (LAMPKIN and GORDON, concurring.)

Klehr v. Ill. Farmers Ins. Co

Illinois Supreme Court PLAs
Klehr v. Ill. Farmers Ins. Co
Civil Court
Arbitration
Citation
PLA issue Date: 
May 29, 2013
Docket Number: 
No. 115693
District: 
1st Dist.
This case presents issue as to whether trial court properly dismissed for lack of subject-matter jurisdiction plaintiff’s action seeking declaration that arbitrator could not direct plaintiff to respond to defendant’s discovery request in underlying arbitration proceeding. Record showed that arbitration proceeding was still pending at time of instant action, and Appellate Court found that while trial court had subject-matter jurisdiction to consider plaintiff’s action, dismissal was nevertheless proper since issue raised in instant action was not ripe for judicial review at present time where Uniform Arbitration Act contemplated review of arbitrator’s discovery order only at conclusion of arbitration as part of motion to vacate arbitrator’s award.

Statutes of Limitation and Arbitration: Limiting Your Client’s Exposure

By Edward J. Underhill
May
2013
Article
, Page 244
Don't assume that general statutes of limitation apply to Illinois arbitration claims - think about including a clause in your arbitration agreements to limit your client's exposure.

Senate 1898

Topic: 
Required liability coverage for drivers
(Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any one person from $20,000 to $50,000; bodily injury or death to more than one person from $40,000 to $100,000; and injury or destruction of property of others from $15,000 to $40,000. Scheduled for hearing this Tuesday in Senate Transportation Committee.
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Senate Bill 1636

Topic: 
UM arbitration
(Mulroe, D-Chicago) makes arbitration binding in UM cases regardless of the amount that is awarded. Under current law, UM arbitration is not binding if an award is made more than $50,000 for one person’s injuries or $100,000 for two or more person’s injuries. Scheduled for hearing this Tuesday in Senate Insurance Committee.
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Senate Bill 31

Topic: 
Collaborative law for family law cases
(Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. House Bill 1029 and 1239 are identical bills.
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Senate Bill 1636

Topic: 
UM and UIM arbitration

(Mulroe, D-Chicago) makes arbitration binding in UM cases regardless of the amount that is awarded. Under current law, UM arbitration is not binding if an award is made more than $50,000 for one person’s injuries or $100,000 for two or more person’s injuries. Just introduced.

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House Bill 1447

Topic: 
Consumer fraud and attorney's fees
(Thapedi, D-Chicago) requires that the court use the “Laffey Matrix” prepared by the U.S. Department of Justice in awarding attorney’s fees to the prevailing party under the Consumer Fraud and Deceptive Business Practices Act. Excludes cases in which the hourly rate for attorney’s fees is limited by statute. Just introduced.
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Klehr v. Illinois Farmers Insurance Company

Klehr v. Illinois Farmers Insurance Company
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2013 IL App (1st) 121843
Decision Date: 
Tuesday, January 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
If a valid arbitration agreement exists and the parties have begun but not completed the arbitration process, neither party can obtain judicial review of the arbitrators' interlocutory ruling on a discovery issue subject to the arbitration agreement by filing a declaratory judgment action in circuit court. Judicial review cannot be obtained on issues subject to the arbitration agreement until after the arbitration process is complete. (HARRIS and QUINN, concurring.)