Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the Civil case Downtown Disposal Services, Inc., v. The City of Chicago and the Criminal case People v. Murdock.
CIVIL
By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
A corporation must be represented by counsel in legal proceedings. In a four to three split opinion, with Justice Burke writing for the majority, the Illinois Supreme Court ruled that a corporation's complaint, filed by its lay president rather than by an attorney, was not automatically a nullity. Rather, circuit courts should consider the circumstances of the case to determine whether the filing defect requires dismissal or may be cured.