direct claim in Illinois

2010“The cardinal rule of statutory interpretation, to which all other rules are subordinate, is to ascertain and give effect to the intent of the legislature.” People v. Maggette, 195 Ill. 2d 336, 348 , 747 N.E.2d 339, 346 (2001).

2010“The cardinal rule of statutory interpretation, to which all other rules are subordinate, is to ascertain and give effect to the intent of the legislature.” People v. Maggette, 195 Ill. 2d 336, 348 , 747 N.E.2d 339, 346 (2001).

2016Sharif v. International Development Group Co., 399 F.3d 857, 861 (7th Cir. 2005).

2016Sharif v. International Development Group Co., 399 F.3d 857, 861 (7th Cir. 2005).

2017App. 3d 70, 86 , 600 N.E.2d 1218, 1228 (1992) (when car dealer failed to sell consumer “the new Laser based on the terms of the original agreement or to return her used car or the equity in it, a direct violation of the Consumer Fraud Act occurred and resulted in damage to plaintiff”).

2017App. 3d 70, 86 , 600 N.E.2d 1218, 1228 (1992) (when car dealer failed to sell consumer “the new Laser based on the terms of the original agreement or to return her used - 12 - car or the equity in it, a direct violation of the Consumer Fraud Act occurred and resulted in damage to plaintiff”).

2020If they are good enough for a direct claim against Drake, they are good enough for a respondeat superior claim against his employers for that very same conduct. ¶ 32 It is true that counts II and VI were titled “Negligence—Respondeat Superior.” That did not help matters, but the title of a count has never controlled over the substance of the claim. “[T]he character of [a] pleading should be determined from its content, not its label.” (Internal quotation marks omitted.) In re Parentage of Scarlett Z.-D., 2015 IL 117904, ¶ 64 (quoting In re Haley D., 2011 IL 110886, ¶ 67 ). “[C]ourts should loo

2018If they are good enough for a direct claim against Drake, they are good enough for a respondeat superior claim against his employers for that very same conduct. ¶ 32 It is true that Counts 2 and 6 were titled “Negligence—Respondeat Superior.” That did not help matters, but the title of a count has never controlled over the substance of the claim. “[T]he character of [a] pleading should be determined from its content, not its label.” (Internal quotation marks omitted.) In re Parentage of Scarlett Z.-D., 2015 IL 117904, ¶ 64 (quoting In re Haley D., 2011 IL 110886, ¶ 67 ). “[C]ourts should look

2020If they are good enough for a direct claim against Drake, they are good enough for a respondeat superior claim against his employers for that very same conduct. ¶ 32 It is true that counts II and VI were titled “Negligence—Respondeat Superior.” That did not help matters, but the title of a count has never controlled over the substance of the claim. “[T]he character of [a] pleading should be determined from its content, not its label.” (Internal quotation marks omitted.) In re Parentage of Scarlett Z.-D., 2015 IL 117904, ¶ 64 (quoting In re Haley D., 2011 IL 110886, ¶ 67 ). “[C]ourts should loo

2018If they are good enough for a direct claim against Drake, they are good enough for a respondeat superior claim against his employers for that very same conduct. ¶ 32 It is true that Counts 2 and 6 were titled “Negligence—Respondeat Superior.” That did not help matters, but the title of a count has never controlled over the substance of the claim. “[T]he character of [a] pleading should be determined from its content, not its label.” (Internal quotation marks omitted.) In re Parentage of Scarlett Z.-D., 2015 IL 117904, ¶ 64 (quoting In re Haley D., 2011 IL 110886, ¶ 67 ). “[C]ourts should look

1997See Governor's Office of Consumer Services v. ICC , 242 Ill.

1997See Governor’s Office of Consumer Services v. Illinois Commerce Comm’n, 242 Ill.

2023App. 3d at 337 . - 10 - No. 1-22-1499 However, negligent supervision claim is a direct claim against an employer for its own misconduct (Coe, 2019 IL 123521, ¶ 33 ), so the fact that MacKelvie breached his fiduciary duty to plaintiff does not mean that Kutak Rock had or breached a duty to supervise MacKelvie. ¶ 23 Plaintiff’s reply brief contends that Kutak Rock “owed [her] a duty of care as a business invitee.” Plaintiff did not make this argument in the circuit court or in her opening brief, so she has forfeited it.

2022Passenger Corp. v. Terracon Consultants, Inc., 2014 IL App (5th) 130257 , ¶ 15 (observing that when a plaintiff raises “a direct claim of negligence against an employer, such as a claim for negligent hiring, negligent training, or negligent supervision,” she “ ‘must prove that the employer’s breach— not simply the employee’s malfeasance—was a proximate cause of the plaintiff’s - 12 - injury’ ” (quoting Vancura, 238 Ill. 2d at 375 )); see generally Doe v. Coe, 2019 IL 123521, ¶ 33 (“Negligent hiring, negligent supervision, and negligent retention are all direct causes of action against the empl

2019Dickerson v. United States, 530 U.S. 428, 438-42 (2000).

2018Dickerson v. United States , 530 U.S. 428 , 438-42, 120 S.Ct. 2326 , 147 L.Ed.2d 405 (2000).

2019“The internal affairs doctrine developed on the premise that, in order to prevent corporations from being subjected to inconsistent legal standards, the authority to regulate a corporation’s internal affairs should not rest with multiple jurisdictions.” VantagePoint Venture Partners 1996 v. Examen, Inc., 871 A.2d 1108, 1112 (Del. 2005).

2019"The internal affairs doctrine developed on the premise that, in order to prevent corporations from being subjected to inconsistent legal standards, the authority to regulate a corporation's internal affairs should not rest with multiple jurisdictions." VantagePoint Venture Partners 1996 v. Examen, Inc. , 871 A.2d 1108 , 1112 (Del. 2005).

2019We agree with the plaintiffs' characterization of their suit as a direct claim involving accountant fraud and misrepresentation that occurred in Illinois and reject the defendants' characterization of the suit as an indirect claim implicating the internal affairs of the Cayman Islands' hedge fund. ¶ 26 The internal affairs doctrine, which the accountants have relied upon and the trial court found was applicable, "is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs-matters peculiar to the relationships among

2019We agree with the plaintiffs' characterization of their suit as a direct claim involving accountant fraud and misrepresentation that occurred in Illinois and reject the defendants' characterization of the suit as an indirect claim implicating the internal affairs of the Cayman Islands' hedge fund. ¶ 26 The internal affairs doctrine, which the accountants have relied upon and the trial court found was applicable, "is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs-matters peculiar to the relationships among

2026App. 3d 1, 7 (1989); see Poulet v. H.F.O., L.L.C., 353 Ill.

2026In a direct claim, on the other hand, a shareholder “who has a direct and personal interest in a cause of action *** bring[s] suit in an individual capacity even if the corporation’s rights are also implicated.” Id. at 689 .

2026See Davis, 387 Ill.

2026Misappropriation of corporate funds is an injury incurred by the corporation so must be brought in a derivative action, rather than as a direct claim by individuals. - 11 - No. 1-25-0080 Borgsmiller v. Burroughs, 187 Ill.

2026Misappropriation of corporate funds is an injury incurred by the corporation so must be brought in a derivative action, rather than as a direct claim by individuals. - 11 - No. 1-25-0080 Borgsmiller v. Burroughs, 187 Ill.

2025People v. Furby, 138 Ill. 2d 434, 453-54 (1990); People v. Peterson, 2015 IL App (3d) 130157 , ¶ 88. ¶ 113 Defendant was convicted under an accountability theory based on the premise he went with Wheeler and Price to McCurty’s apartment with the intent to rob him.

2024Instead, the burden is on hospitals to put their patients on notice of the independent status of the professionals with whom the patients might be expected to come in contact.” Kane v. Doctors Hospital, 302 Ill.

2023See Tobolt v. Allstate Insurance Co., 75 Ill.

2023E.g., Feltmeier v. Feltmeier, 207 Ill. 2d 263, 275 (2003).