Justia Illinois Supreme Court Opinion Summaries

Lawlor worked for NA, selling corporate promotional items. In 2005, she began working for a competitor. NA’s attorney, investigating whether she had violated a noncompetition agreement, retained a private investigating firm, giving Lawlor’s birth date, address, phone numbers, and social security number. That firm asked another agency to use the information to obtain personal phone records, which were forwarded to NA for determination of whether any numbers belonged to its customers. Lawlor’s tort claim alleged “pretexting,” that someone impersonated her to obtain phone records without permission. NA counterclaimed breach of fiduciary duty of loyalty by attempting to direct business to a competitor while employed. A jury awarded Lawlor $65,000 in compensatory damages and $1.75 million in punitive damages. The court heard NA’s claim, awarded $78,781 in compensatory damages and $551,467 in punitive damages, and remitted the jury’s punitive damage award to $659,000. The appellate court reinstated Lawlor’s punitive damage award. The Supreme Court held that there was sufficient evidence that NA was vicariously liable for the tortious intrusion upon seclusion by the investigators. Punitive damages should be reduced to $65,000, given the limited harm and the vicarious nature of the liability. The court agreed that evidence of breach of fiduciary duty was speculative. View "Lawlor v. N. Am. Corp. of IL" on Justia Law

Based on faxes received in 2002, advertising discount travel, plaintiff filed a class action under the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227. The trial court denied motions to dismiss, but certified questions to the appellate court. On appeal, the Illinois Supreme Court held that the TCPA forms part of the law enforceable in Illinois courts without the need for the Illinois General Assembly to enact enabling legislation to permit private claims. The appellate court's discussion of the assignability of TCPA claims amounted to an advisory opinion because the amended complaint under discussion alleged that the plaintiff at issue had, itself, received junk faxes from the defendant. The court remanded for consideration of whether the claim is subject to the Illinois two-year limitations period for actions including personal injuries and statutory penalties (735 ILCS 5/13-202) or the four-year limitations period for federal civil actions (28 U.S.C. 1658). View "Italia Foods, Inc. v. Sun Tours, Inc." on Justia Law