Do Illinois Rule 23 orders really have no precedential value, or do they?

Policyholder Perspective

By Stanley C. Nardoni

Stanley C. Nardoni practices in the insurance recovery group of Reed, Smith LLP. A graduate of DePaul University College of Law and former law clerk to an Illinois Supreme Court justice, he also holds an LL.M. in insurance law from the University of Connecticut School of Law. He welcomes comments to his columns at snardoni@reedsmith.com.

Posted April 25, 2018 12:51 PM

Can unpublished Illinois Appellate Court orders be cited to federal courts as authority in insurance coverage cases? Contrasting approaches to that question appear in federal district court decisions.As Illinois practitioners know, Illinois Supreme Court Rule 23 permits Illinois Appellate Court decisions to be “expressed in one of the following forms: a full opinion, a concise written order or a summary order.”The rule says only opinions are precedential. It directs that orders “may not be cited &hellip …

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