Constitutional law — amendments, past precedence

Posted October 1, 2014 3:10 PM

Where an initiative attempts to impose term limits as a constitutional amendment that initiative violates Article XIV, Section 3, of the Illinois Constitution. The Illinois Appellate Court, 1st District, 1st Division, affirmed a decision by Cook County Circuit Judge Mary Lane Mikva. The Term Limits Initiative was a petition seeking to amend three sections of the Illinois Constitution. The plaintiffs, “a group of not-for-profit organizations and citizen taxpayers of Illinois” who included the Business …

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Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.
Civil law — shareholder derivative action

Where plaintiffs file a shareholder derivative action they must allege facts that provide reasonable doubt as to whether the board of directors could exercise independent and disinterested judgment.
Immigration — asylum, nexus

Where petitioner failed to show nexus between her past persecution and membership in protected group, petition for review of decision denying asylum and withholding of removal was denied.
Criminal procedure — pretrial release

Where defendant is arrested and released with instructions to appear for a court date, he is on pretrial release even though he has not yet appeared before the court.
Civil procedure — subject matter jurisdiction

Where a party seeks mandamus to enforce an administrative decision, he must have exhausted all administrative remedies or the circuit court will not have subject matter jurisdiction.
Civil procedure — standing

Where plaintiff’s argument for standing concerned events that occurred four months after complaint was filed, those events could not support standing.