Although the question presented in Prazen v. Shoop was limited to the field of public pensions, the case presented interesting aspects of fiduciary law and statutory construction as well. The question in Prazen was whether the Illinois Municipal Retirement Fund – a board with fiduciary duties under the Pension Code – had the authority to declare … Continue Reading
Late last week, in a unanimous opinion by Justice Rita Garman, the Illinois Supreme Court held that the Cook County Commission on Human Rights lacks any authority to award punitive damages. Our detailed summary of the facts and administrative and lower court rulings in Crittenden v. Cook County Commission on Human Rights is here. Our report on … Continue Reading
Last month, I joined a panel discussion on blogging during a PLI program on social media led by LexBlog‘s Kevin O’Keefe. I explained how important following blogs through an RSS Reader is to keeping up to speed in a world where information moves more quickly than ever. I recalled that comment this week while thinking about … Continue Reading
While avoiding the marijuana legalization debates raging in the state, the California Supreme Court confirmed that orders compelling five medical marijuana dispensaries to comply with subpoenas issued by the City of Dana Point were appealable, reversing the dismissal by the Court of Appeal in these consolidated cases. In Dana Point Safe Harbor Collective v. Superior … Continue Reading
The California Supreme Court has scheduled oral argument in three civil cases for hearing in Los Angeles in December 2007. Cortez v. Abich, which will address the extent of the household domestic service exception to Cal-OHSA (Labor Code section 6300 et seq.) in light of the defendant home owner’s remodeling project, which added a new … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of whether a complaint seeking injunctive and damages relief in connection with defendant’s alleged failure to give priority, in restoring power after … Continue Reading
Murray v. Alaska Airlines, Inc. holds that collateral estoppel applies to the administrative findings of a federal agency when those findings were subject to objection and judicial review that was never pursued, resulting in a final nonappealable order based on those findings. The Court found that in a subsequent civil lawsuit, those administrative findings have … Continue Reading
