Tressler Wins in Appellate Court on Behalf of the Board of Elections for the City of Chicago
Tressler LLP represented the Board of Elections for the City of Chicago in a complaint that challenged the inclusion of an advisory referendum initiated by the City Council on the March 19, 2024 primary ballot. The plaintiffs consisted of a group of trade associations, building owners, business owners and individuals who sought to have a court enter an order directing the Board to remove the advisory referendum from the ballot or in the alternative, to suppress the counting of the votes on the referendum following the election.
The Board moved to dismiss the complaint and strike the plaintiffs’ motion for judgment on the pleadings. The trial court denied the Board’s motion and also denied a separate petition to intervene filed by the City of Chicago. The Board appealed the trial court’s order on February 27, 2024. The appellate court set an expedited briefing schedule resulting in the appeal being fully briefed as of March 4, 2024.
The First District appellate court issued its opinion on March 5, 2024, reversing the judgment of the trial court and remanding the case to the trial court with an order to dismiss the complaint for want of jurisdiction—one of the many arguments advanced by Tressler on behalf of the Board.
In vacating the relief awarded to the plaintiffs, the appellate court, in a strongly worded decision, emphasized that plaintiffs’ complaint directly interfered with the legislative process and improperly impacted the conduct of a legitimate election. This reported decision recognizes the limits on the judiciary to affect the legislative process in Chicago and will protect the Board of Elections and similar public bodies from this type of interference for years to come.
Congratulations to Tressler attorneys Charles A. LeMoine, Molly E. Thompson, Rosa M. Tumialán and Taylor A. Brewer on this great result! Rosa M. Tumialán was recently selected as the Recommended 2024 Illinois Appellate Attorney by The Appellate Lawyers and is the leader of Tressler’s Appellate Team.
Meet the Team:
Charles “Chuck” LeMoine is a partner in Tressler's General Defense and Litigation Practice Group. Chuck is known for litigating a wide range of civil matters and is a fierce client advocate in the courtroom and Alternative Dispute Resolution (ADR) venues. Chuck’s 35-year litigation practice focuses on professional liability, insurance coverage, product liability, construction and contractor disputes, class and collective actions as well as business torts. He also has a depth of experience defending all types of public entities including school districts, counties and municipalities in both federal and state courts.
Molly E. Thompson is a partner in Tressler's General Defense and Litigation Practice Group. Molly’s practice is focused on school liability (including Title IX and Section 1983), municipal liability, financial services litigation and contractual disputes. Molly is known for her wide range of general litigation experience. Her clients include schools, municipalities, public officials, financial institutions, product manufacturers, individuals and corporations. Molly uses her breadth of experience to help clients foresee complications and achieve their objectives.
Rosa M. Tumialán is a partner in Tressler’s Insurance Practice Group. Rosa focuses her practice on insurance coverage and litigation. She is an accomplished defense attorney with more than twenty years of experience. Rosa’s insurer-related services include coverage opinion analysis and representing insurers in complex coverage disputes relating to personal and commercial lines, third party claims, surplus lines as well as claims handling practices and extracontractual liability. Her practice also includes serving as national coordinating coverage counsel for insurance clients who rely on her to develop and implement strategies nationwide in response to pattern litigation. Rosa is an accomplished class action defense lawyer and appellate practitioner, having appeared and argued in both state and federal courts nationwide.
Taylor A. Brewer is an associate in Tressler's General Defense Litigation Practice Group. Taylor started his practice with a focus on construction injury, product liability, premises liability and automobile injury, with cases ranging from pre-litigation claims through appeal. He has since branched out to handling regulatory compliance matters, with a special focus on long-term care facility regulatory compliance and local government law litigation.
About Tressler LLP
Headquartered in Chicago, with eight offices located in five states, Tressler LLP is a national law firm comprised primarily of attorneys who devote their practice to the representation of the insurance industry in coverage analysis and resolution, litigation, underwriting consultation, product development, claims management and reinsurance.
In addition, Tressler has one of the most experienced and multi-faceted government law practices in Illinois, and has attorneys who represent clients in commercial litigation, defense litigation, corporate transactions, employment law and litigation, intellectual property and condominium and common interest community association law.
For more information, please visit www.tresslerllp.com.
