Italia Foods, Inc. v. Sun Tours, Inc.

State: Illinois

Docket No: 110350 NRel

Case Date: 06/03/2011

Preview:ILLINOIS OFFICIAL REPORTS
Supreme Court

Italia Foods, Inc. v. Sun Tours, Inc., 2011 IL 110350

Caption in Supreme Court:

ITALIA FOODS, INC., Appellee, v. SUN TOURS, INC., d/b/a Hobbit Travel, et al., Appellants.

Docket No. Filed Rehearing denied Held (Note: This syllabus
constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

110350 June 3, 2011 September 26, 2011 Under the federal Telephone Consumer Protection Act of 1991, the Illinois General Assembly did not have to enact enabling legislation before a private action could be brought under the Act in state court, since, under the "acknowledgment approach" followed by the majority of jurisdictions, state courts must, as a matter of supremacy clause jurisprudence, remain open to litigants with federal causes of action and are not free to refuse enforcement.

Decision Under Review

Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Lake County, the Hon. Mitchell L. Hoffman, Judge, presiding. Certified question answered; cause remanded.

Judgment

Counsel on Appeal

Michael D. Richman and Henry Pietrkowski, of Reed Smith LLP, of Chicago, and Charles W. Smith, of Smith & Laluzerne, Ltd., of Waukegan, for appellants. Michael T. Reagan, of Ottawa, Phillip A. Bock and Robert M. Hatch, of Bock & Hatch, LLC, of Chicago, and Brian J. Wanca and David M. Oppenheim, of Anderson + Wanca, of Rolling Meadows, for appellee.

Justices

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Thomas, Garman, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION

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