Illinois Supreme Court Dismisses Interlocutory Appeal Regarding Claim of Unconstitutional State Law

This interlocutory appeal to the Illinois Supreme Court was dismissed. A supervisory order was entered remanding the case back to the trial court. The plaintiff in this case filed a wrongful death and survival action lawsuit alleging medical malpractice of the defendant Union Health Service. The defendant alleged immunity under Section 26 of the Voluntary Health Services Plans Act. The Circuit Court of Cook County judge denied defendant’s Section 2-619 motion on the grounds that a 1988 amendment to Section 26 is unconstitutional. The denial of the motion to dismiss is an interlocutory ruling, and it was found not to be subject to review by the Supreme Court under Rule 302(a)(1). There were no circumstances presented in this case to relax the finality requirement Rule 302(a)(1). The Circuit Court’s order is vacated as it did not follow procedures and standards required for a Circuit Court to declare a statute unconstitutional. Gonzalez v. Union Health Service Inc.,…

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