Where the defendant files a counterclaim challenging the constitutionality of the statute under which the plaintiff has filed suit and the statute is found to contain no explicit or implied right of action to question the underlying suit, the defendant’s counterclaim should be dismissed as moot.The 1st District Appellate Court affirmed the decision of Cook County Circuit Judge Sophia H. Hall.Mary Terry Carmichael, an employee of Union Pacific Railroad Co., was injured when the six-passenger van she was traveling in …