Illinois Appellate Court Finds Client Entitled to Have Default Vacated
The Illinois Appellate Court reversed and remanded a decision of the Illinois Department of Human Rights (IDHR) and ruled in favor of our client, a provider of security services. The IDHR had defaulted our client for failing to file a verified response to a charge of discrimination. They steadfastly refused to vacate the default and ordered a trial on damages. Following the trial, we appealed to the Illinois Appellate Court, where the Holland & Knight team argued that the client had not acted in a deliberate, contumacious and unwarranted manner in failing to file the verified response. The IDHR asserted that a much higher standard was required. The appellate court accepted all of our arguments, finding in favor of our client, and creating the standard to be applied in cases involving defaults for failing to respond to charges before the Illinois Department of Human Rights. The Illinois Appellate Court repeatedly noted Holland & Knight's efforts as the basis for finding that our client was entitled to have the default vacated. This is a significant victory for Holland & Knight's clients and all Illinois employers.