During its January term, the Illinois Supreme Court heard oral arguments in Cowper v. Nyberg, a case from the Fifth District posing a novel question: does a prisoner have an implied right of action against the circuit clerk and county sheriff for failing to accurately calculate the credit he or she is due against a … Continue Reading
Although there were several reasons for the 1970 Illinois Constitutional Convention, public pensions became a major subject of discussion in the weeks before the delegates gathered. Elmer Getz, the Chair of the Convention’s Bill of Rights Committee, wrote: “I began to receive an extraordinary number of communications on the pension and retirement rights of government … Continue Reading
One of the central issues in the ongoing battle, now pending before the Illinois Supreme Court, is about what the delegates to the Constitutional Convention of 1970 who adopted Illinois’ Pension Protection Clause understood the Clause to mean. The State argues in defense of the pension reform bill that the Clause was merely intended to … Continue Reading
In the closing days of its January term, the Illinois Supreme Court unanimously affirmed the Appellate Court’s decision in People ex rel. Madigan v. Illinois Commerce Commission, approving the use of the so-called volume-balancing-adjustment rider (or “Rider VBA”) on a natural gas utility’s bills. Our detailed summary of the facts and Commission and court opinions … Continue Reading
In the closing days of its January term, a unanimous Illinois Supreme Court upheld the constitutionality of a “bed tax” on Illinois nursing homes, reversing the Circuit Court’s judgment that the tax violates the state constitution’s Uniformity Clause. The statute, 305 ILCS 5/5E-10, imposes a “fee” of “$1.50 for each licensed nursing bed day for … Continue Reading
Today we continue our discussion of the centerpiece of the Illinois Supreme Court’s civil docket – the public pension reform case – with a look at the State’s Opening Brief, which was filed January 12, 2015. As we’ll see below, the State’s defense of the Pension Reform bill almost certainly sets up an all-out fight … Continue Reading
The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission. But what if one of the attorneys didn’t appear before the Commission, and the contract is largely for referral fees? Unanimously affirming the Appellate Court in Ferris, Thompson & Zweig, Ltd. v. Esposito, the Illinois … Continue Reading
Over four days in mid-January, no fewer than ten entities – public entities, charitable institutions and individuals – filed motions for leave to file amicus briefs in support of the State’s defense of the public pension reform statute. All told, the amici amounted to 265 pages of briefing, on top of the State’s own fifty … Continue Reading
What’s the impact on your time to appeal when the trial court says in open court that all substantive attacks on the judgment are denied – does the clock start? That’s the question presented in Williams v. BNSF Railway Company, which was decided last week by a unanimous Illinois Supreme Court. The Court’s answer: it … Continue Reading
What procedural and substantive rights are potentially impacted by “rules of the road” orders in child custody cases – interlocutory orders which regulate what the contending parents can and can’t do in interacting with their children while the divorce case is pending? That’s the issue presented by In re Marriage of Eckersall. Last week, the … Continue Reading
On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege precludes discovery of confidential communications between the insured and counsel retained by the insurer to represent the … Continue Reading
On November 6, 2014, the Florida Supreme Court resolved a conflict among the Fourth and Fifth District Courts of Appeal by holding that a court is not required to determine whether a contract is legal before enforcing an arbitral award based on the contract. See Visiting Nurse Ass’n of Fla., Inc. v. Jupiter Med. … Continue Reading
Last week, the Illinois Supreme Court heard argument in a case being closely watched by the civil defense bar: Harris v. One Hope United, Inc. Harris poses a simple question: does Illinois recognize the self-critical analysis privilege? Our detailed summary of the facts and lower court rulings in Harris is here. As a general rule, … Continue Reading
Last week, the Illinois Supreme Court heard oral argument in Brunton v. Kruger. Brunton involves the scope of the accountant-client privilege – specifically, what happens to that privilege after the client dies, and how the privilege can be waived. Our detailed summary of the facts and lower court opinions in Bruton is here. An accounting … Continue Reading
Last week, the Illinois Supreme Court began hearing arguments from its civil docket with Skaperdas v. Country Casualty Insurance Company. Skaperdas poses a major question for the insurance industry: does a “captive” insurance agent who only represents a single insurer owe customers a tort duty of care in obtaining insurance? Our detailed summary of the … Continue Reading
Can an oral order apparently disposing of all post-trial motions start the appeals clock running when the trial court is still considering a post-trial motion for setoff (and may be planning to enter a written order on the post-trial motions)? That’s the question that the Illinois Supreme Court debated in the closing days of its … Continue Reading
It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying what the parents can and can’t do with the children. The centerpiece of these orders is usually that neither … Continue Reading
In 2004, the Illinois legislature amended the Illinois Environmental Protection Act to authorize mandatory injunctions to require cleanups of landfills. But could the courts use the statute to order cleanups of older landfills in cases that were already pending at the time of the amendment? That’s the question the Illinois Supreme Court debated during its November … Continue Reading
Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial review of a workers comp decision, strict compliance with the steps set forth in the Act are required. One of those steps is … Continue Reading
Does the Workers’ Compensation Commission have exclusive jurisdiction over a plaintiff’s claim for breach of an agreement to pay referral fees in connection with two workers’ compensation cases? That’s the question the Illinois Supreme Court debated during its November term, hearing oral argument in Ferris, Thompson and Zweig, Ltd. v. Esposito. Our detailed summary of the … Continue Reading
Does the innocent insured doctrine – which provides that one of multiple insureds doesn’t necessarily lose coverage if he or she wasn’t involved in a breach – apply to renewal applications? That’s the question the Illinois Supreme Court debated during its November term in Illinois State Bar Association Mutual Insurance Co. v. Law Office of … Continue Reading
During its November term, the Illinois Supreme Court heard oral argument in Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka. Grand Chapter is a direct appeal from the Circuit Court’s holding that a “bed tax” on Illinois nursing homes violated various provisions of the state Constitution. The statute at issue, … Continue Reading
The Illinois Supreme Court announced that the centerpiece of its civil docket for 2015, the State’s appeal from the Circuit Court’s order striking down public pension reform, will be heard on a “rocket docket” schedule. The State’s opening brief will be due January 12. The appellees’ brief is due February 16, and the State’s reply brief will … Continue Reading
In the closing days of its November term, the Illinois Supreme Court agreed to decide The Board of Education of the City of Chicago v. The Illinois Educational Labor Relations Board. Board of Education presents the following issue: did the Illinois Educational Labor Relations Board err in finding that the Chicago Board of Education was … Continue Reading
