Court Filings

The Illinois Appellate Court affirmed the Cook County circuit court’s dismissal with prejudice of United Equitable Insurance Company’s 2022 declaratory judgment complaint. UEIC sought a declaration it owed no coverage beyond a $25,000 policy limit and that it breached no duties to its insured; Walker moved to dismiss arguing res judicata and lack of an actual controversy. The court held the policy limit was undisputed and that UEIC improperly sought retrospective clearance from liability for alleged past bad-faith conduct—matters properly litigated in Walker’s separate bad-faith lawsuit—so there was no justiciable controversy for a declaratory judgment.

The Illinois Appellate Court affirmed the trial court's order ordering the Will County Clerk to place Cesar Guerrero on the April 1, 2025 consolidated election ballot as the Democratic nominee for Joliet Township Supervisor. The Board of Elections had listed Guerrero on a ballot-forfeiture list because his campaign committee owed civil penalties, and the County Clerk removed his name. Guerrero paid the fines on January 29, 2025, was renominated to fill the vacancy in early February, and the court held that the Election Code did not bar ballot placement once the penalties were paid and that the vacancy-filling complied with timing rules. The court also affirmed summary judgment for the County Clerk on Guerrero’s statutory civil-rights claim because the record lacked evidence of willful and wanton conduct.

The Illinois Appellate Court affirmed the trial court’s denial of the dealership’s motion to dismiss and compel arbitration. Plaintiff Berman sued Napleton for charging and not providing a rust- and stain-prevention product and signed two separate arbitration agreements during purchase: the Retail Installment Contract (RIC) and a Dispute Resolution Agreement (DRA). The court held the two agreements contain irreconcilable, material conflicts—about the arbitration forum, who decides whether a dispute is arbitrable, and allocation of arbitration fees—so no enforceable arbitration agreement exists as to Napleton’s effort to compel arbitration.

The Illinois Appellate Court affirmed the dismissal with prejudice of Brittany Colatorti’s amended complaint seeking a declaration that Darby Hills’s appointment to a vacant state senate seat was invalid. Colatorti argued the committee failed to give statutorily required notice and that Hills was not a member of the Republican Party at relevant times. The court held the statute requires only that the appointee be a member of the party at the time of appointment; Hills became a precinct committeeperson before her February 28, 2025 appointment and therefore qualified. The complaint was legally insufficient and properly dismissed.

The appellate court affirmed the Cook County circuit court’s dismissal of Neighbors Against a Marijuana Dispensary (NAMD)’s administrative-review complaint challenging the Chicago Zoning Board of Appeals’ grant of a special use permit to MariGrow to operate a cannabis dispensary. The court held NAMD lacked statutory standing because it failed to show any member owned property within 250 feet, had not entered an appearance and objected at the Board hearing, and the membership evidence NAMD sought to add was outside the administrative record. The court also found no due-process or equal-protection violation and upheld denial of NAMD’s untimely motion to amend.