Jaros v. The Illinois Court of Claims

2 Citing cases

  1. Weinhaus v. The Ill. Court of Claims

    2024 Ill. App. 4th 230343 (Ill. App. Ct. 2024)

    A writ of certiorari, however, "may not be used to review the correctness of a decision by the Court of Claims based upon the merits of the case before it." Jaros v. Illinois Court of Claims, 2021 IL App (2d) 200397, ¶ 24, 190 N.E.3d 1277 (quoting Reichert, 203 Ill.2d at 261).

  2. Lathon v. The Court of Claims of the State

    2024 Ill. App. 230477 (Ill. App. Ct. 2024)

    In short, "certiorari may not be used to review the correctness of a decision by the Court of Claims based upon the merits of the case before it." Id.; see Jaros v. Illinois Court of Claims, 2021 IL App (2d) 200397, ¶¶ 29-30; Krozel, 2017 IL App (1st) 162068, ¶ 14; Hastings v. State, 2015 IL App (5th) 130527, ¶ 17; Reichert v. Court of Claims, 389 Ill.App.3d 999, 1002-04 (2009) ("Reichert II"); Reyes v. Court of Claims, 299 Ill.App.3d 1097, 1105 (1998) (collectively finding that certiorari may only be used to address alleged deprivations of due process not to review whether a court has issued a correct decision on the merits). ¶ 66 The issue before this court is whether Lathon received due process in the Court of Claims, not, as the majority posits, (1) "[h]ow far can the Court of Claims go from the actual claim before one can say that the claimant's claim is not being heard" (supra ¶ 46) or (2) "[i]f the Court of Claims is permitted to misapprehend his claim, as the circuit court found, shouldn't it then be required to apply the law that applies to the misapprehended claim."