OPINION CHIEF JUSTICE GARMAN delivered the judgment of the court, with opinion. 1 Ronald Daugherty was a member of Plumbers & Pipefitters Union Local 137 (Local 137) based in Springfield, Illinois. Due to a lack of available work in his local area, Daugherty took a position with The Venture—Newberg-Perini, Stone & Webster (Venture) located approximately 200 miles from his home. Daugherty had temporarily relocated to a nearby motel for the job and was seriously injured in an automobile...
OPINION JUSTICE THEIS delivered the judgment of the court, with opinion. 1 The sole issue in this appeal is whether, in a Dramshop Act case where a bar owner is defended by the Illinois Insurance Guaranty Fund (the Fund), the reduction for "other insurance" recoveries under section 546(a) of the Illinois Insurance Code (hereinafter, the Guaranty Fund statute) (215 ILCS 5/546(a) (West 2012)) applies against the jury's verdict or against the bar owner's maximum statutory liability. The trial...
OPINION JUSTICE KARMEIER delivered the judgment of the court, with opinion. 1 The issue in this case is whether the appellate court ruled correctly when it concluded that it lacked jurisdiction to entertain an appeal by the Board of Education of Roxana Community School District No. 1 (the Board of Education) from decisions of the Pollution Control Board which denied the Board of Education's petitions to intervene in 28 separate proceedings for certification of certain facilities as "...
OPINION JUSTICE THEIS delivered the judgment of the court, with opinion. 1 In this residential mortgage foreclosure action, we are asked to consider whether, after a judicial sale of property, a party may seek to vacate an underlying default judgment of foreclosure under section 2-1301(e) of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1301(e) (West 2010)) or whether the Illinois Mortgage Foreclosure Law (the Foreclosure Law) (735 ILCS 5/15-1101 et seq. (West 2010)) governs the...
OPINION CHIEF JUSTICE GARMAN delivered the judgment of the court, with opinion. 1 This case concerns the proper situs for tax liability under retail occupation taxes arising under three Illinois statutes: the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, and the Regional Transportation Authority Act. The Illinois Department of Revenue determined through audit that plaintiff Hartney Fuel Oil Company's sales at retail were attributable...
OPINION JUSTICE THEIS delivered the judgment of the court, with opinion. 1 At issue in this appeal is whether, pursuant to the crime-fraud exception to the attorney-client privilege, attorney Mark Helfand may testify regarding communications with Budimir Radojcic, a former client, at Radojcic's criminal trial. The circuit court of Cook County concluded that the State failed to meet its evidentiary burden for application of the exception, and struck Helfand's name from the State's witness...
OPINION CHIEF JUSTICE GARMAN delivered the judgment of the court, with opinion. 1 The Administrator of the Attorney Registration and Disciplinary Commission (ARDC) filed a one-count complaint against respondent, Theodore George Karavidas, charging him with various violations of the Illinois Rules of Professional Conduct. The Hearing Board found that he breached his fiduciary duty to the beneficiaries of his father's estate by converting funds from the estate and recommended that he be...
OPINION Chief Justice GARMAN delivered the judgment of the court, with opinion. 1 Ronald Daugherty was a member of Plumbers & Pipefitters Union Local 137 (Local 137) based in Springfield, Illinois. Due to a lack of available work in his local area, Daugherty took a position with The Venture — Newberg-Perini, Stone & Webster (Venture) located approximately 200 miles from his home. Daugherty had temporarily relocated to a nearby motel for the job and was seriously injured in an automobile...
OPINION JUSTICE KARMEIER delivered the judgment of the court, with opinion. 1 Plaintiff, Sandra Relf, brought an action against Joseph Grand Pre, Jr., in the circuit court of Cook County to recover damages for personal injuries she sustained in a motor vehicle accident. At the time plaintiff filed her action, Mr. Grand Pre was deceased, his will had been admitted to probate, and letters of office had been issued to his son to serve as independent administrator of his estate. Claiming she...
OPINION JUSTICE KARMEIER delivered the judgment of the court, with opinion. 1 The issues presented in this appeal are: (1) whether plaintiff school district had the right to bring a declaratory judgment action in the circuit court challenging the jurisdiction of the Illinois Labor Relations Board over a dispute involving the district and its security officers; and (2) whether Public Act 96-1257 is special legislation violative of article IV, section 13, of the Illinois Constitution of 1970 (...
OPINION JUSTICE KARMEIER delivered the judgment of the court, with opinion. 1 When an insurance company authorized to transact business in Illinois becomes insolvent and is unable to pay claims under policies it has issued to its insureds, the Illinois Insurance Guaranty Fund will step in to pay those claims after an order has been entered liquidating the company. See 215 ILCS 5/532 et seq. (West 2010). The Fund's obligation to pay covered claims is subject to certain qualifications and...
OPINION Justice THEIS delivered the judgment of the court, with opinion. 1 The sole issue in this appeal is whether, in a Dramshop Act case where a bar owner is defended by the Illinois Insurance Guaranty Fund (the Fund), the reduction for "other insurance" recoveries under section 546(a) of the Illinois Insurance Code (hereinafter, the Guaranty Fund statute) (215 ILCS 5/546(a) (West 2012)) applies against the jury's verdict or against the bar owner's maximum statutory liability. The trial...
OPINION Justice KARMEIER delivered the judgment of the court, with opinion. 1 The issue in this case is whether the appellate court ruled correctly when it concluded that it lacked jurisdiction to entertain an appeal by the Board of Education of Roxana Community School District No. 1 (the Board of Education) from decisions of the Pollution Control Board which denied the Board of Education's petitions to intervene in 28 separate proceedings for certification of certain facilities as "...
OPINION Justice THEIS delivered the judgment of the court, with opinion. 1 In this residential mortgage foreclosure action, we are asked to consider whether, after a judicial sale of property, a party may seek to vacate an underlying default judgment of foreclosure under section 2-1301(e) of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1301(e) (West 2010)) or whether the Illinois Mortgage Foreclosure Law (the Foreclosure Law) (735 ILCS 5/15-1101 et seq. (West 2010)) governs the...
OPINION Chief Justice GARMAN delivered the judgment of the court, with opinion. { 1} This case concerns the proper situs for tax liability under retail occupation taxes arising under three Illinois statutes: the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, and the Regional Transportation Authority Act. The Illinois Department of Revenue determined through audit that plaintiff Hartney Fuel Oil Company's sales at retail were...
OPINION Justice THEIS delivered the judgment of the court, with opinion. 1 At issue in this appeal is whether, pursuant to the crime-fraud exception to the attorney-client privilege, attorney Mark Helfand may testify regarding communications with Budimir Radojcic, a former client, at Radojcic's criminal trial. The circuit court of Cook County concluded that the State failed to meet its evidentiary burden for application of the exception, and struck Helfand's name from the State's witness...
OPINION Chief Justice GARMAN delivered the judgment of the court, with opinion. 1 The Administrator of the Attorney Registration and Disciplinary Commission (ARDC) filed a one-count complaint against respondent, Theodore George Karavidas, charging him with various violations of the Illinois Rules of Professional Conduct. The Hearing Board found that he breached his fiduciary duty to the beneficiaries of his father's estate by converting funds from the estate and recommended that he be...
OPINION Justice KARMEIER delivered the judgment of the court, with opinion. 1 Plaintiff, Sandra Relf, brought an action against Joseph Grand Pre, Jr., in the circuit court of Cook County to recover damages for personal injuries she sustained in a motor vehicle accident. At the time plaintiff filed her action, Mr. Grand Pre was deceased, his will had been admitted to probate, and letters of office had been issued to his son to serve as independent administrator of his estate. Claiming she...
OPINION Justice KARMEIER delivered the judgment of the court, with opinion. 1 The issues presented in this appeal are: (1) whether plaintiff school district had the right to bring a declaratory judgment action in the circuit court challenging the jurisdiction of the Illinois Labor Relations Board over a dispute involving the district and its security officers; and (2) whether Public Act 96-1257 is special legislation violative of article IV, section 13, of the Illinois Constitution of...
OPINION Justice KARMEIER delivered the judgment of the court, with opinion. 1 When an insurance company authorized to transact business in Illinois becomes insolvent and is unable to pay claims under policies it has issued to its insureds, the Illinois Insurance Guaranty Fund will step in to pay those claims after an order has been entered liquidating the company. See 215 ILCS 5/532 et seq. (West 2010). The Fund's obligation to pay covered claims is subject to certain qualifications and...
