Stein v. Krislov
939 N.E.2d 518
Ill. App. Ct.2010Background
- Stein, former employee of Krislov & Associates (K&A), sues for libel and related claims based on Krislov's June 13, 2005 letter about Stein's experience.
- Trial court initially dismissed libel claims as absolutely privileged, then reinstated them after a reconsideration.
- Krislov and K&A move to dismiss under the Citizen Participation Act (735 ILCS 110/1 et seq.).
- Trial court held the Act could not immunize because it did not apply retroactively to conduct in 2005–2006.
- Defendants appeal seeking review of the denial of their motion to dismiss under Rule 307(a) and section 20(a) of the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under Rule 307(a) for interlocutory appeal | N/A | Rule 307(a) allows interlocutory review of injunction-like orders. | Not jurisdictional under Rule 307; denial of motion to dismiss is not an injunctive order. |
| Section 20(a) of the Act as a source of appellate jurisdiction | N/A | Section 20(a) confers appellate jurisdiction on denial of the motion to dismiss. | Section 20(a) does not confer appellate jurisdiction; rule governs jurisdiction and supremacy of Rules. |
| Collateral order doctrine adoption | N/A | Collateral order doctrine should apply to appeal from denial of the Act motion. | Illinois has not adopted the collateral order doctrine; not applicable. |
| Retroactive application of the Act | N/A | Act may immunize conduct retroactively. | Court declined retroactive application; Act not applicable to pre-enactment conduct. |
Key Cases Cited
- Mund v. Brown, 393 Ill.App.3d 994 (2009) (denial of a motion to dismiss under the Act not an injunctive order; jurisdictional issue)
- In re A Minor, 127 Ill.2d 247 (1989) (broad interpretation of injunction; substance governs reviewability)
- Almgren v. Rush-Presbyterian-St. Luke's Medical Center, 162 Ill.2d 205 (1994) (interlocutory appeals governed by supreme court rules; constitutional constraints)
- Chapman v. United Insurance Co. of America, 234 Ill.App.3d 968 (1992) (rules control appellate jurisdiction when in conflict with statute)
- Mund v. Brown (cons. of Shoreline Towers Condominium Ass'n v. Gassman), N/A (2010) (Shoreline not addressing jurisdiction; no assist)
- Glazer's Distributors of Illinois, Inc. v. NWS-Illinois, LLC, 376 Ill.App.3d 411 (2007) (arbitration order reviewable)