Kostal v. Pinkus Dermatopathology Laboratory, P.C

In Kostal v. Pinkus Dermatopathology Laboratory, P.C., 357 Ill. App. 3d 381, 827 N.E.2d 1031, 293 Ill. Dec. 150 (2005) the Court held that the two-step analysis of International Business Machines Corp. was rendered outmoded by the addition of subsection 2-209(c) of the long-arm statute (735 ILCS 5/2-209(c) (West 2004)), which allows the courts of our state to exercise personal jurisdiction over individuals on any basis permitted by the Illinois Constitution and the Constitution of the United States. Kostal, 357 Ill. App. 3d at 386, 803 N.E.2d at 1036. Because the long-arm statute permits the exercise of jurisdiction in any circumstance where due process requirements are met, we concluded that the two steps for determining jurisdiction collapsed into one. Kostal, 357 Ill. App. 3d at 386-87, 803 N.E.2d at 1036. Thus, the Court held "if the contacts between a defendant and Illinois are sufficient to satisfy both federal and state due process concerns, the requirements of Illinois' long-arm statute have been met, and no other inquiry is necessary." Kostal, 357 Ill. App. 3d at 387, 803 N.E.2d at 1036. The Court concluded, however, that the old two-step inquiry was replaced by a new two-step analysis. Kostal, 357 Ill. App. 3d at 387, 803 N.E.2d at 1036. In doing so, the Court noted that the supreme court has indicated that the due process protections arising from the United States and Illinois Constitutions are not identical and must be analyzed separately. Kostal, 357 Ill. App. 3d at 386-87, 803 N.E.2d at 1036.