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MAKSIMOVIC v. TSOGALIS

No. 81493.

687 N.E.2d 21 (1997)

177 Ill.2d 511

227 Ill.Dec. 98

Rada MAKSIMOVIC, Appellant, v. William T. TSOGALIS et al., Appellees.

Supreme Court of Illinois.

October 17, 1997.

Attorney(s) appearing for the Case

Gregory A. Adamski, Adamski & Conti, Chicago, for Rada Maksimovic.

Wendy L. Nutt, Brittain, Seldz, Morris & Solvak, Chicago, for William T. Tsogalis.

Laura M. Wunder, Assistant Attorney General-Civil Appeals, Chicago, for Illinois Human Rights Commission.

Fay Clayton, Robinson Curley & Clayton, P.C., Chicago, for Chicago Lawyer's Committee.

Gina S. McClard, Illinois Coalition Against Sexual Assault, Springfield, for Illinois Coalition Against Assault.

H. Kent Heller, Heller, Holmes & Associates, P.C., Mattoon, for Illinois Trial Lawyers Association.

Athena T. Taite, Illinois State Bar Association, Springfield, Gerald D. Skoning, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, for Chicagoland Chamber of Commerce.

Gerald L. Maatman, Jr., Baker & McKenzie, Chicago, for Illinois Manufacturers' Association.

Jill S. Mulderink, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, for Illinois Chamber of Commerce.

Justice HEIPLE delivered the opinion of the court:

Must a claim of intentional tort related to allegations of sexual harassment be litigated before the Illinois Human Rights Commission (the Commission), or, stated differently, does the exclusive remedy provision of the Illinois Human Rights Act (Act) (775 ILCS 5/8-111(C) (West 1994)) divest the circuit court of jurisdiction to adjudicate such common law tort claims? This...

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