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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
The Illinois Supreme Court first adopted the doctrine that newly constructed homes come with an implied warranty of habitability in 1979 in Petersen v. Hubschman Construction Co. Three years later, the Court held that the implied warranty could pass to the second owner of the house where the first owner hadn’t made a valid and … Continue Reading
Late in 2014, the Illinois Supreme Court agreed to clarify the dimensions of the Illinois Commerce Commission’s authority, allowing a petition for leave to appeal in the FutureGen case – Commonwealth Edison Co. v. Illinois Commerce Commission. The problem was, only a few months after the Court granted review, the Department of Energy suspended all … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that police officers receiving line-of-duty pensions are entitled to receive fully paid health insurance coverage for themselves and their families when the officer’s pension was the result of a catastrophic injury suffered in one of four specific circumstances. In Vaughn v. The City of Carbondale, … Continue Reading
In the closing days of its May term, the Illinois Supreme Court affirmed the Appellate Court’s decision in Valfer v. Evanston Northwestern Healthcare, adopting a broad construction of hospitals’ immunity in connection with peer review for purposes of renewing doctors’ credentials. In 2002, the plaintiff, an obstetrician/gynecologist, applied for reappointment at the defendant hospital. Hospital … Continue Reading
On Tuesday, June 7th at 11:00 AM Pacific/2:00 PM Eastern, Sedgwick’s Appellate Task Force will present its webinar “Adding an Appellate Specialist to the Trial Team: The Sooner the Better.” Highlights of the hour-long CLE presentation include: The Appellate Specialist’s Role Before Trial — preparing the motions and briefs which the appeal will often turn … Continue Reading
Early last year, we founded the Illinois Supreme Court Review to bring rigorous, law-review style empirical research founded on data analytic techniques to the study of appellate decision making. Today, we expand our focus with the California Supreme Court Review, a new blog devoted to sharing insights culled from tens of thousands of pages of … Continue Reading
A state employee union enters into a contract with the State calling for certain wage increases. Ultimately, the legislature refuses to fully fund the increases, and they aren’t paid. Is the State in breach of contract, or are its contractual obligations implicitly conditional on the legislature appropriating the money? In a ruling with significant potential … Continue Reading
This morning, the Illinois Supreme Court issued its much-anticipated opinion in Jones v. Municipal Employees’ Annuity and Benefit Fund of Chicago, unanimously striking down Public Act 98-641, the pension reform bill for the City of Chicago. For a detailed summary of the underlying facts and court rulings, see here and here. For our report on … Continue Reading
One or more claims are dismissed on the merits. Subsequently, the plaintiff takes a voluntary dismissal without prejudice on the remaining claims. Does res judicata bar any attempt by the plaintiff to later reinstate the dismissed claims? The Illinois Supreme Court debated that question during its January term, hearing oral argument in Richter v. Prairie … Continue Reading
Section 10 of the Public Safety Employee Benefits Act provides that under certain circumstances, police officers receiving a line-of-duty disability pension are entitled to receive fully paid health insurance coverage for themselves and their families. Section 10 has been a recurring interest of the Illinois Supreme Court over the past few years, see here and … Continue Reading
