RIVARD v. CHICAGO FIRE FIGHTERS UNION

Nos. 63713, 63787 cons.

122 Ill.2d 303 (1988)

522 N.E.2d 1195

APRIL RIVARD et al., Appellees, v. CHICAGO FIRE FIGHTERS UNION, LOCAL NO. 2 et al., Appellants. — BONNELL CARTER, Adm'r of the Estates of Martha Carter et al. v. CHICAGO FIRE FIGHTERS UNION, LOCAL NO. 2 et al. (International Association of Fire Fighters, AFL-CIO, Appellant).

Supreme Court of Illinois.

Rehearing denied May 31, 1988.


Attorney(s) appearing for the Case

Gilbert Feldman, Esq., of Cornfield and Feldman, of Chicago, for appellant Chicago Fire Fighters Union, Local No. 2 et al.

Stephen B. Rubin, Michael S. Wolly, and Joel A. D'Alba, of Chicago (Mulholland & Hickey, of Washington, D.C., and Asher, Pavalon, Gittler & Greenfield, Ltd., of Chicago, of counsel), for appellant International Association of Fire Fighters, AFL-CIO.

Robert H. Williams, of Jeffrey M. Goldberg & Associates, Ltd., and Katherine A. Williams, of Katz, Randall & Weinberg, all of Chicago, and Thomas Forgue, of Washington, D.C., for appellees April Rivard et al.

Gordon & Gordon, Ltd., of Chicago (Robert E. Gordon, of counsel), for appellees Bonnell Carter et al.


Appellate court reversed; circuit court affirmed.

JUSTICE CLARK delivered the opinion of the court:

This case poses the issue of whether a statute allowing voluntary, unincorporated associations to sue and to be sued in their own names should be retroactively applied to a suit against such an association where the cause of action arose before the statute's effective date. We answer this question in the negative.

The plaintiffs in the two actions consolidated...

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