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MILLER v. ROSENBERG

No. 89009.

749 N.E.2d 946 (2001)

196 Ill.2d 50

255 Ill.Dec. 464

Jerald MILLER, D.D.S., Appellant, v. Elaine ROSENBERG, Appellee.

Supreme Court of Illinois.

Rehearing Denied June 4, 2001.

Attorney(s) appearing for the Case

Terrence S. Carden III, of Carden & Carden, Waukegan, for appellant.

Michael A. Kaczmarek, of Rosenberg & Rosenberg, P.C., Arlington Heights, for appellee.

Justice McMORROW delivered the opinion of the court:

The primary issue presented in this appeal is whether section 2-109 of the Code of Civil Procedure (735 ILCS 5/2-109 (West 1998)), which eliminates the requirement to plead or prove special injury for certain malicious prosecution plaintiffs, is unconstitutional because it violates two provisions of the Illinois Constitution of 1970: the special legislation clause set forth in article IV, section 13 (Ill. Const...

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