Stoll v. United Way of Champaign County, Illinois, Inc.

JUSTICE MYERSCOUGH,

specially concurring:

I concur with the majority’s result but write separately to address the issue of preemption. Despite asking the parties to discuss preemption at oral argument, and despite the fact that the majority of the discussion at oral argument concerned preemption, the majority does not address that issue.

Preemption can, as discussed below, have subject-matter jurisdiction implications. Although United Way did not raise preemption before the trial court or on appeal, this court has a duty to sua sponte consider whether jurisdiction exists. See In re Marriage of…