An Incomplete “Pass”: Why the Illinois Supreme Court Dropped the Ball in Jane Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. Of Dirs., 973 N.E.2d 880 (Ill. 2012)

Authors

• Jessica R. Sarff

Abstract

In 2008, the Illinois Supreme Court upheld its longstanding position that the tort of fraudulent misrepresentation is limited to economic or business situations.  Four years later, however, in Jane Doe-3 v. McLean County Unit School District No. 5 Board of Directors, the Illinois Supreme Court virtually eliminated future fraudulent misrepresentation claims when it used the tort of willful and wanton conduct to hold that a school district owes a duty of care to children in another school district to accurately represent the number of days an educator worked for them on an employment verification form.

This Note examines the decision in Jane Doe-3 and argues that the Illinois Supreme Court was incorrect in creating this new cause of action not only because it allowed the plaintiff to “repackage” a nonviable fraudulent misrepresentation claim, but also because it completely disregarded common law rules relating to duty of care.  Though the court’s ruling furthers the public policy of protecting children, it also creates a civil cause of action where the legislature has chosen not to do so.  This Note argues that such a result not only disregards Illinois precedent, but also opens the door to poorly grounded negligence claims.

Recommended Citation

Jessica R. Sarff, An Incomplete “Pass”: Why the Illinois Supreme Court Dropped the Ball in Jane Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. Of Dirs., 973 N.E.2d 880 (Ill. 2012), 38 S. Ill. U. L.J. 165 (2013).
Available at: https://opensiuc.lib.siu.edu/siulj/vol38/iss1/8