OPINION Justice THOMAS delivered the judgment of the court, with opinion. At issue is whether the appellate court had jurisdiction over the State's appeal in a sexually violent persons case when the State filed its notice of appeal after the circuit court of Boone County approved respondent for conditional release but before the court approved a conditional release plan. This appeal was rendered moot when respondent violated the terms of his conditional release plan and was returned to the...
OPINION Chief Justice FITZGERALD delivered the judgment of the court, with opinion. In this appeal, we are asked if defendant John Walsh's statement to a reporter made during a public forum inside an alderman's office was immunized from a defamation lawsuit under the Citizen Participation Act (735 ILCS 110/1 et seq. (West 2008)). The trial court found the statement was not immune from suit. The appellate court dismissed Walsh's appeal as moot. No. 1-08-2783 (unpublished order under...
OPINION Chief Justice FITZGERALD delivered the judgment of the court, with opinion. This case returns to this court for a second time. The issues before us are whether the appellate court followed the instructions of this court on remand and whether its decision on the sole proximate cause issue was correct. For the reasons that follow, we reverse the appellate court. BACKGROUND In 1999, Michael Ready (Michael) was killed in an accident at the power plant where he worked when, during a pipe-...
OPINION Justice KARMEIER delivered the judgment of the court, with opinion. The issue in this case is whether a circuit judge who is the subject of a petition for substitution for cause under section 2-1001(a)(3) of the Code of Civil Procedure (735 ILCS 5/2-1001(a)(3) (West 2006)) must refer the petition to another judge for a hearing automatically, upon the filing of the petition, even when the petition, on its face, fails to comply with threshold procedural and substantive requirements....
OPINION Justice KILBRIDE delivered the judgment of the court, with opinion. In this appeal, we address whether section 1 of the Sureties Act (740 ILCS 155/1 (West 2000)) is applicable to guarantors. JPMorgan Chase Bank (Bank) filed suit against Earth Foods, Inc., for breach of contract, and against Michael Jarvis, Theodore L. Petrovich, and Leonard S. DeFranco as guarantors of a defaulted loan. DeFranco sought protection under section 1 of the Sureties Act. The circuit court of Kane County...
OPINION Justice BURKE delivered the judgment of the court, with opinion. Section 2-18(4)(c) of the Juvenile Court Act of 1987 requires corroboration and cross-examination of a minor's previous statements relating to allegations of abuse or neglect. 705 ILCS 405/2-18(4)(c) (West 2006). At issue in this appeal is whether this provision applies to temporary custody hearings. 1 The appellate court determined that it does and ultimately reversed the trial court's adjudication of neglect,...
OPINION Justice BURKE delivered the judgment of the court, with opinion. The Home Repair and Remodeling Act (815 ILCS 513/15 (West 2006)) states that, "[p]rior to initiating home repair or remodeling work for over $1,000, a person engaged in the business of home repair or remodeling shall furnish to the customer for signature a written contract or work order." At issue here is whether a home remodeling contractor who violates this provision and enters into an oral contract for home remodeling...
OPINION Justice FREEMAN delivered the judgment of the court, with opinion. Plaintiff, Brian Hubble, brought a personal injury action in the circuit court of St. Clair County against defendant, Bi-State Development Agency of the Illinois-Missouri Metropolitan District, doing business as Metro or Bi-State, also known as Bi-State Development Agency (hereafter Bi-State or Metro). Bi-State moved to dismiss the action, asserting that plaintiff filed his complaint outside of the applicable statute...
OPINION Justice BURKE delivered the judgment of the court, with opinion. The issue in this case is whether the insured violated its liability insurance policy by failing to give timely written notice to the insurer as specified in the policy, thereby relieving the insurer of its duties to defend and indemnify. The appellate court held that the insured breached the policy's notice provision and was therefore not entitled to coverage. 388 Ill.App.3d 769, 327 Ill.Dec. 889, 902 N.E.2d 1275 . For...
