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Legal News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 3944 (eavesdropping), House bill 1205 (residential burglary), House Bill 2886 (statute of limitations and sex offenses), House Bill 281 (judgement debtors) and House Bills 4460 and 4461 (domestic violence orders). More information on each bill is available below the video:
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Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Wrice and People v. Torres and civil cases Innovative Modular Solutions v. Hazel Crest School District 152.5 and Citizens Opposing Pollution v. Exxonmobil Coal U.S.A.
By Kerry J. Bryson, Office of the State Appellate Defender
The Illinois Supreme Court recently issued its opinion in Reliable Fire Equip. Co. v. Arredondo, 2011 Ill. LEXIS 1836 (Ill. Dec. 1, 2011). The opinion enforced prior precedent that an employer’s legitimate business interest should be considered in deciding whether a restrictive covenant should be enforced, but it rejected the previously set “tests” and “formulas” employed by Illinois appellate courts in determining whether a legitimate business interest exists. Illinois lawyers should carefully consider the Supreme Court’s decision and reconsider their previous opinions to clients regarding the enforceability of certain covenants.
By: Joseph R. Marconi and Victor J. Pioli, For ISBA Mutual
Ever since the Fourth District Appellate Court’s opinion in Sunbelt Rentals, Inc. v. Ehlers, 394 Ill.App.3d 421, 915 N.E.2d 862 (4th Dist. 2009), uncertainty has been pervasive regarding what factors a court should consider and what test(s) a court should apply in determining the enforceability of a restrictive covenant under Illinois law. On December 1, 2011, the Illinois Supreme Court rendered its opinion in Reliable Fire Equip. Co. v. Arredondo, 2011 Ill. LEXIS 1836 (Ill. Dec. 1, 2011) to lend some clarity to the issues.
