Linder v. A.W. Chesterton Co.

Summary

The Illinois Appellate Court, Fifth District, reviewed an interlocutory appeal from a protective order restricting the plaintiffs’ use outside the litigation of GIW Industries’ Bills of Material produced in discovery. The court held that it had jurisdiction to review the order, denied GIW’s motion to dismiss or stay, and affirmed the protective order because the circuit court acted within its discretion in regulating discovery.

Holdings

1. The appellate court had jurisdiction under Illinois Supreme Court Rule 307(a)(1) to review the protective order even though the circuit court had not yet resolved GIW’s personal-jurisdiction challenge.
2. Proof that GIW committed a tortious act in Illinois under section 2-209(a)(2) was not the only way to establish specific personal jurisdiction; purposeful direct sales of the pumps at issue to Illinois locations were sufficient at this stage.
3. The circuit court did not abuse its discretion by prohibiting the plaintiffs from publishing or using the Bills of Material outside the litigation without GIW’s consent or leave of court.

Questions Presented

1. Whether the appellate court could exercise jurisdiction over an interlocutory appeal from a protective order before the circuit court resolved GIW’s personal-jurisdiction challenge.
2. Whether the circuit court abused its discretion by entering a protective order restricting the plaintiffs from publishing or using the Bills of Material outside the litigation.
3. Whether proof that GIW committed a tortious act in Illinois was the only means of establishing specific personal jurisdiction under Illinois law.

Disposition

affirmed