Is a contract purporting to assign rights to place video gaming terminals in certain establishments from one unlicensed operator to another within the exclusive jurisdiction of the Illinois Gaming Board where the terminals had not yet been placed and began operation? In late September, a unanimous Illinois Supreme Court held that the answer was “yes,” … Continue Reading
When attorneys for a worker covered by the Workers Compensation Act successfully sue a third party for injuries sustained by the worker in the course of his or her employment, the employer can get reimbursed for some or all of the workers compensation benefits it paid to the employee. In recognition of the benefit the … Continue Reading
In the closing days of its September term, the Illinois Supreme Court allowed a petition for leave to appeal in People ex rel. Madigan v. Wildermuth. Wildermuth, a decision from Division Five of the First District, poses the following question: “Whether the State may claim a violation under the Illinois Human Rights Act pursuant to … Continue Reading
Section 3-108 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act provides that local public entities and their employees are immune from tort liability caused by a failure to supervise an activity on public property except where their failure to supervise rises to a level of willful and wanton conduct. 745 ILCS 10/3-108(a). … Continue Reading
In the closing days of October, the Illinois Supreme Court held that the defendants were not liable to the plaintiff for serious personal injuries to the plaintiff in Carney v. Union Pacific Railroad Company. In Carney, the defendant agreed with a contractor to demolish and remove certain unused bridges. The agreement provided that all work … Continue Reading
Late in its September term, the Illinois Supreme Court handed down its unanimous opinion in Kakos v. Butler, holding that Public Act 98-1132, a 2015 statute in which the Illinois legislature limited civil juries to six persons, was facially unconstitutional. Here’s our report on the oral argument, predicting that the Court would strike down the … Continue Reading
Last night, in a case that produced four opinions from the seven-member Court, a sharply divided Illinois Supreme Court affirmed the trial court’s judgment in Hooker v. Illinois State Board of Elections holding that a ballot initiative which would have fundamentally rewritten the legislative redistricting procedures in Illinois was not constitutionally eligible for the ballot. … Continue Reading
In Blumenthal v. Brewer, the Illinois Supreme Court was asked to overrule its thirty-seven year old decision in Hewitt v. Hewitt and hold that Illinois would join the vast majority of states in recognizing a cause of action for equitable division of property between unmarried domestic partners. Last Thursday, a divided court declined that invitation, … Continue Reading
Earlier this month, the Illinois Supreme Court clarified Illinois constitutional law on compensable takings with its unanimous decision by Chief Justice Garman, reversing in Hampton v. Metropolitan Water Reclamation District of Greater Chicago. Our detailed summary of the underlying facts and lower court decision in Hampton is here. The plaintiffs in Hampton own property in … Continue Reading
During the May term, the Illinois Supreme Court heard oral argument in Kakos v. Bauer, a constitutional challenge to Public Act 98-1132, the 2015 statute mandating six-person juries in civil cases in Illinois. Based upon the pattern of questioning, it appears fairly likely that the Court is inclined to affirm the judgment and strike down … Continue Reading
The discovery rule provides that under certain circumstances, the statute of limitations is tolled until the plaintiff knows not only of his or her injury, but knows or reasonably should know that the injury was likely negligently caused. Does the discovery rule apply to wrongful death claims? The Illinois Supreme Court debated that issue last … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that when a covered employee sustains a “catastrophic injury” under certain enumerated circumstances, the employee is entitled to have his or her health insurance premiums, as well as those of his or her partner and/or dependent children, paid by the employer. During the May term, … Continue Reading
During the May term, the Illinois Supreme Court heard oral argument in Bayer v. Panduit Corp., an appeal from Division 1 of the First District which poses several questions about the interaction of the Workers’ Compensation Act and the Contribution Act. Our detailed report on the facts and lower court decisions in Bayer is here. … Continue Reading
According to Article IX, Section 6 of the Illinois Constitution, the legislature may exempt from property taxes only the “property of the State, units of local government and school districts and property used exclusively for agricultural and horticultural societies, and for school, religious, cemetery and charitable purposes.” According to Section 15-86 of the Property Tax … Continue Reading
May the City of Chicago constitutionally enforce its park-closing ordinance against political protestors from the Occupy movement? That’s the question posed by The City of Chicago v. Alexander, a case from the First District, Division 2 which the Illinois Supreme Court agreed to hear in the closing days of its May term. The Occupy movement … Continue Reading
In order to encourage property owners to remove snow and ice from their property, the Illinois Legislature enacted the Snow and Ice Removal Act, 745 ILCS 75/1. According to the Act, barring willful or wanton misconduct, property owners are not liable for injuries caused by natural accumulations of snow and ice on their property. But … Continue Reading
Just how much deference are downstate boards of education required to grant the decisions of hearing officers in connection with disciplinary proceedings for teachers? The Illinois Supreme Court agreed to clarify that issue, allowing a petition for leave to appeal in Beggs v. Board of Education of Murphysboro Community Unit School District No. 186, a … Continue Reading
Are all disciplinary actions against public employees, up to and including termination, subject to a rebuttable presumption of arbitrability absent an express carve-out in the parties’ collective bargaining agreement? In the closing days of the May term, the Illinois Supreme Court agreed to address that question, allowing a petition for leave to appeal in Village … Continue Reading
In the closing days of the May term, the Illinois Supreme Court agreed to clarify exactly what government officials may and may not do in closed sessions. The Court allowed a petition for leave to appeal in Board of Education of Springfield School District No. 186 v. The Attorney General of Illinois, a decision from … Continue Reading
Various kinds of tax breaks have become a commonplace tool for city, county and state governments to use in competing to lure new businesses into their jurisdiction, or persuade businesses already there to stay or expand. Last week, the Illinois Supreme Court addressed one of those tools, holding in Moline School District No. 40 Board … Continue Reading
Is the date on a business letter sufficient notice of service of an administrative decision to start the clock ticking on a party’s deadline to file for administrative review? The Illinois Supreme Court has agreed to decide that question, granting leave to appeal in Grimm v. Calica, a decision of the Second District Appellate Court. … Continue Reading
Can the Cook County Board of Commissioners authorize the County Inspector General to issue subpoenas for documents directly to the County’s elected officials, and compel those officials to cooperate with an IG investigation? The Illinois Supreme Court has agreed to decide that issue in Blanchard v. Berrios, an appeal from the First District, Division Two … Continue Reading
Last month, the Illinois Supreme Court added to its rapidly increasing jurisprudence on the state constitution’s pension protection clause, delivering a mixed verdict for transit authority retirees, affirming in part and reversing in part in Matthews v. Chicago Transit Authority. Our detailed summary of the underlying facts and lower court holdings is here. Our report … Continue Reading
During the recently concluded May term, the Illinois Supreme Court resolved a civil procedure issue with potential implications across a broad spectrum of cases: when a party exercises its right to voluntarily dismiss its own action without prejudice and subsequently refile, is the dismissal accorded res judicata effect? In Richter v. Prairie Farms Dairy, Inc., … Continue Reading
