Whether it was a violation of due process to retroactively impose a new fee-shifting penalty in contravention of the established American Rule

QUESTION PRESENTED Whether it was a violation of due process to retroactively impose a new fee-shifting penalty in contravention of the established American Rule, where Petitioner had no prior notice that she could be forced to pay another party’s fees simply “in equity” for the first time in the history of Illinois law for conducting litigation in full compliance with pleading requirements and that was never sanctioned, and where no fraud occurred.