Illinois Supreme Court – The Illinois Supreme Court filed opinions in these cases in July 2001.

Sylvester v. Industrial Commission, 2001 Ill. Lexis 1028, Docket No. 90198 (7/19/01). Computation of TTD under § 10 of the Workers’ Compensation Act. Laborer sustains crippling injuries. Error for the Industrial Commission to calculate his average weekly wage based on 48 whole or partial weeks worked in the last 52. The correct method under 820 ILCS 305/10 is to total the number of days worked and divide by five, the number of days in the worker’s typical work week.

Morris v. Margulis, 2001 Ill. Lexis 1027, Docket No. 88685 (7/19/01). Timeliness of action for breach of fiduciary duty against attorneys and application of tolling provision for fraudulent concealment. S&L CEO convicted of mail and wire fraud in connection with a note offering. He sued his prior attorneys, claiming that they collaborated with the prosecutor. The Supreme Court reinstated the attorneys’ summary judgment because the CEO’s "breach of fiduciary duty claims were time-barred under section 13-214.3 of the Code of Civil Procedure." The court ruled that the CEO’s deposition testimony showed that he had not filed his complaint within two years of the time he discovered his injury. His affidavit, which contradicted his deposition testimony, did not raise a question of fact. Further, a reasonable time remained within the limitations period after the CEO learned about a fraudulent concealment, so the tolling period in § 13-215 of the Code of Civil Procedure did not apply.

Jackson v. South Holland Dodge, Inc., 2001 Ill. Lexis 581, Docket No. 89371 (7/26/01). Cause of action against auto dealership and financing company for alleged deceitful practices. Plaintiff brings class action against dealership and finance company arising from disclosures concerning extended warranty purchased with auto. Held that compliance with the disclosure requirements of the Truth In Lending Act is a defense to a claim against the finance company under the Illinois Consumer Fraud and Deceptive Business Practices Act. Further, the finance company did not assume liability through the FTC Holder Notice contained in the contract. Nor did plaintiff state a cause of action under the Sales Finance Agency Act or the Motor Vehicle Installment Sales Act.

Dubina v. Mesirow Realty Development, Inc., 2001 Ill. Lexis 583, Docket No. 88623 (7/26/01). Good faith of property damage settlement where settling defendants make separate agreements to settle and for assignment of the claim. This agreement is not in good faith under the Contribution Act because it: (1) deprives the non-settling defendant of its right to a setoff; (2) defeats the Contribution Act’s purpose of equitably distributing among all joint tortfeasors the burden of compensating an injured plaintiff; (3) allows the settling defendants to accomplish indirectly that which they could not do directly – recover contribution from the non-settling defendant.

Norskog v. Pfiel, 2001 Ill. Lexis 584, Docket No. 89985 (7/26/01). Criminal’s production of mental health records in subsequent tort action. Defendant pleaded guilty to murder. In a subsequent tort action, there was no waiver of the privilege allowed by the Mental Health Act: (1) although defendant originally raised an insanity defense to the criminal charge of murder; (2) defendant participated in a fitness hearing in the criminal case; and (3) certain mental health information was shared with school officials and a probation officer. Further, allowing defendant to maintain the privilege did not violate fundamental fairness or due process.

Lawrence v. Regent Realty Group, Inc., 2001 Ill. Lexis 579, Docket No. 88237 (7/26/01). No requirement of willfulness to establish liability against landlord for breach of a municipal ordinance providing for double damages and attorney fees for failure to pay interest on rent security deposit. The court cannot impose a willfulness or scienter requirement into a municipal ordinance that makes a landlord absolutely liable for failure to pay interest on a rent security deposit.

Langendorf v. City of Urbana, 2001 Ill. Lexis 585, Docket No. 90635 (7/26/01). Application of one-year limitation period to actions that challenge the zoning component of a municipal annexation. Plaintiff’s lawsuit was brought more than one year after the annexation and rezoning of properties by a municipality. Section 7-1-46 of the Illinois Municipal Code provides for a one-year statute of limitations for actions that "directly or indirectly" contest an annexation. The lawsuit challenged only the rezoning, not the annexation. The one-year statute barred the case — being an indirect attack on the annexation — because "the provisions of the annexation agreements make it clear that the rezoning of the properties was an integral part of and was in fact the essential condition of and consideration for the agreements."