Justia Illinois Supreme Court Opinion Summaries

Jansen was a resident at a skilled nursing facility. Kotalik, with Jansen’s power of attorney for healthcare, signed a “Contract Between Resident and Facility” that provides all civil claims shall be resolved exclusively through mandatory mediation, and, if such mediation does not resolve the dispute, through binding arbitration. The contract waived claims for punitive damages and included a “termination upon death” provision. Jansen suffered several falls, resulting in injuries that contributed to or caused Jansen’s death. Her estate sued, arguing that the defendants had waived their right to mediate and/or arbitrate by participating in litigation for nearly a year, that the arbitration clause was procedurally and substantively unconscionable, and that Kotalik, as Jansen’s POA for healthcare, lacked the authority to execute an arbitration clause on Jansen’s behalf.The Illinois Supreme Court affirmed the denial of the motion. By the express terms of the contract, once the resident died, the contract ceased to exist, including the forum provision. The court did not address the other arguments. View "Clanton v. Oakbrook Healthcare Centre, Ltd." on Justia Law

In 2017, an arbitrator found that Western Illinois University violated its collective bargaining agreement with respect to layoffs. In 2018, the arbitrator entered a supplemental award, finding that the University failed to comply with the earlier award. The Illinois Educational Labor Relations Board then found that the University committed an unfair labor practice in violation of the Illinois Educational Labor Relations Act, 115 ILCS 5/14(a)(1), (8), by failing to comply with the two arbitration awards. The Act requires that public education employers arbitrate disputes arising under a collective bargaining agreement. Refusal to comply with the provisions of a binding arbitration award is an “unfair labor practice” under the Act. The appellate court vacated the Board’s decision.The Illinois Supreme Court agreed. An arbitrator in the public educational labor relations context exceeds his authority by reviewing a party’s compliance with his own award in contravention of the Act, which vests exclusive primary jurisdiction over arbitration awards with the Board. The Board may not limit the evidence it will consider in an unfair labor practice proceeding under the Act to the evidence before the arbitrator. Under the Act, arbitrators retain limited jurisdiction of the awards for the sole purpose of resolving remedial issues that may arise from the award itself. View "Western Illinois University v. Illinois Educational Labor Relations Board" on Justia Law

An Illinois driver alleged that she was injured in an accident with an uninsured motorist in Wisconsin in 2007. In Illinois proceedings her insurer, Country Preferred, sought a declaration of noncoverage and she unsuccessfully moved to compel arbitration. Uninsured motorist coverage was part of the policy, but the policy also provided that “any suit, action or arbitration will be barred unless commenced within two years from the date of the accident.” The insurer contended that the driver had not met this requirement, and the circuit court agreed. The appellate court reversed, persuaded by the driver’s theory that public policy was violated by virtue of the fact that the applicable statute of limitations in Wisconsin is three years, unlike Illinois (and the policy), where it is two years. The Illinois Supreme Court reversed, noting that the insured never initiated any type of legal action to settle her claim within the policy’s applicable time frame. There is no public policy violation in requiring the insured driver to bring her suit, action, or arbitration request within two years, the same time period as the Illinois statute of limitations, even though the limitation period in Wisconsin, the state where the accident occurred, is longer.View "Country Preferred Ins. Co. v. Whitehead" on Justia Law

Gott was a resident of Odin Healthcare where she died, on January 31, 2006. Her estate brought a survival action under the Nursing Home Care Act and the Wrongful Death Act, claiming that as a result of violations of the Nursing Home Care Act, Gott sustained gastrointestinal bleeding, anemia, and respiratory failure. The wrongful-death claim sought damages for injuries sustained by her heirs. Odin sought to compel arbitration based on agreements signed by Gott and by her “legal representative.” The trial court refused to compel arbitration, viewing the agreement as unenforceable for lack of mutuality and as contrary to public policy. The court held that the wrongful-death claim was not arbitrable and that the Federal Arbitration Act was inapplicable. On remand, the appellate court accepted applicability of the Federal Arbitration Act but still affirmed. The Supreme Court reversed in part. Arbitration can be compelled on Survival Act claims, alleging Nursing Home Care Act violations and seeking damages for injuries sustained by Gott while alive. However, the wrongful-death claim did not accrue until Gott died, and benefits obtained under it are payable to the next of kin rather than to her estate. No previously signed arbitration agreement is applicable to this claim. View "Carter v. SSC Odin Operating Co." on Justia Law