Court Filings

The appellate court reviewed a foreclosure action by Associated Bank against defendants including John Morrison. The court held that a 1995 quitclaim deed conveyed immediate title to Morrison and his siblings as tenants in common while reserving a life estate to the grantor, Rosa McShan. Because McShan had the authority to encumber only her life estate, the 2007 mortgage only attached to that life estate and was extinguished on her death. The court reversed the trial court’s grant of foreclosure and vacated related orders as to Morrison’s interest, but it affirmed denial of Morrison’s Consumer Fraud Act claim.

The Illinois Appellate Court (Third District) answered two certified questions about the Biometric Information Privacy Act exemption for government contractors. The court held that the exemption does not require a contractor to work exclusively for a state agency or local government. However, the exemption applies only when the contractor’s challenged conduct occurred within the scope of the contractor’s governmental work—i.e., when the contractor was acting as a contractor for the government. The court therefore rejected a purely temporal reading that would exempt all conduct during the existence of a government contract.

The Illinois Appellate Court vacated the trial court's denial of plaintiff Mary Owens’ request to amend her timely post-judgment motion for a new trial after a jury verdict for a nursing home and an independent contractor nurse practitioner. The court held the trial court retained jurisdiction to consider amendments to a timely post-judgment motion until it actually denied that motion, and that the trial court erred by refusing to exercise discretion and instead concluding it lacked jurisdiction. Because that error prevented consideration of the amendment, the court vacated both the order denying leave to amend and the later denial of the new-trial motion, and remanded for the trial court to exercise its discretion.

The Illinois Appellate Court (3rd District) answered a certified question about whether a litigant granted a full fee waiver under Illinois Supreme Court Rule 298 is also entitled to a waiver of court reporter transcript costs. The court held that Rule 298 incorporates the waiver terms of 735 ILCS 5/5-105(a)(1), and following the Second District’s reasoning in In re Marriage of Main, concluded that transcript costs necessary for an appeal fall within the waivable "fees, costs, and charges." The case is remanded for the trial court to identify which transcripts are necessary and to provide them to the appellant without charge.

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 appellate court reviewed a dismissal under section 2-619 of the Code of Civil Procedure of negligence claims filed by Samantha Allumi on behalf of her son Chase after he fell from an inflatable slide at a school field day. The trial court dismissed the negligence claims against the school district, board, and the parent organization (SHSO) as immune under the Local Governmental and Governmental Employees Tort Immunity Act. The appellate court affirmed dismissal as to negligence allegations that amounted to failures of supervision, but reversed as to specific pre-activity failures to guard or warn (including failure to provide safety equipment, notify parents, ensure medical clearance, and provide a safe slide) and remanded for further proceedings, including a determination whether the activity was a "hazardous recreational activity." The court also held SHSO qualifies as a local public entity under the Act.

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.