Justia Illinois Supreme Court Opinion Summaries

In 2009, IAWC petitioned the Illinois Commerce Commission under the Public Utilities Act (220 ILCS 5/1-101) for approval of its annual reconciliation of purchased water and purchased sewage treatment surcharges. The state was granted leave to intervene. In 2012, the Commission approved the reconciliation with modifications and denied the state’s request for rehearing. Under the Public Utilities Act, the state had 35 days to appeal, placing the deadline for filing the notice of appeal at October 16. Notice of appeal was filed on that date. The record and briefs were filed. The appellate court entered a summary order, dismissing the appeal for lack of jurisdiction on grounds that the notice had not been timely filed, reasoning that under Supreme Court Rule 335(i)(1), the notice should have been filed within the 30-day deadline specified in Rule 303(a). The Illinois Supreme Court reversed; the appellate court erred in concluding that separation of powers principles required the timeliness of the notice to be judged by Supreme Court Rule 303(a) rather than the period specified by the legislature in the Public Utilities Act. View "Madigan v. IL Commerce Comm'n" on Justia Law

Pusateri, a former employee of Peoples Gas Light and Coke Company (PG) filed a complaint under the False Claims Act, 740 ILCS 175/1, alleging that PG used falsified gas leak response records to justify a fraudulently inflated natural gas rate before the Illinois Commerce Commission. As a customer, the State of Illinois would have paid such fraudulently inflated rates,. The Cook County circuit court dismissed with prejudice, finding that as a matter of law, there was no causal connection between the allegedly false reports and the Commission-approved rates. The appellate court reversed, construing the complaint’s allegations liberally to find PG could have submitted the safety reports in support of a request for a rate increase, despite not being required to do so under the Administrative Code. The Illinois Supreme Court reinstated the dismissal, reasoning that the court lacked jurisdiction to order relief. The legislature did not intend the False Claims Act to apply to a Commission-set rate. The Commission has the duty to ensure regulated utilities obey the Public Utilities Act and other statutes, except where enforcement duties are “specifically vested in some other officer or tribunal.” View "Pusateri v. Peoples Gas Light & Coke Co." on Justia Law

Bruns, age 79, drove to a Centralia eye clinic. She did not use the parking lot, but parked on 2nd Street in front of the clinic, as she had on each of nine previous visits. As she walked toward the clinic, Bruns stubbed her toe on a crack in the sidewalk, causing her to fall and injure her arm, leg and knee. She had been looking “towards the door and the steps” of the clinic. Bruns “definitely” noticed the sidewalk defect every time she went to the clinic. Clinic employees had twice contacted the city about the defect, including after a previous accident, and offered to pay to remove the tree that caused it. The city would not authorize removal because of the 100-year-old tree’s historic significance. Bruns sued, arguing that the city should have reasonably foreseen that a pedestrian could become distracted and fail to protect herself against the dangerous condition. The trial court granted the city summary judgment, finding the defect open and obvious. The appellate court reversed. The Illinois Supreme Court reversed, reinstating the summary judgment. The city has miles of sidewalk to maintain; imposing a duty to protect plaintiffs from open and obvious defects would not be justified. View "Bruns v. City of Centralia" on Justia Law

Slepicka, a resident of a Cook County skilled nursing facility, received a notice of involuntary transfer or discharge. A Department of Public Health ALJ held a hearing at the facility. The Department approved the involuntary discharge of Slepicka unless the amount owed was paid in full. The order was mailed from a Sangamon County post office. Slepicka sought judicial review in Sangamon County. The facility moved to dismiss or transfer, arguing that Cook County was the only proper venue. The circuit court ruled that Sangamon County was a proper venue and upheld the order allowing involuntary discharge. The appellate court held that Sangamon County was not a proper venue under Administrative Review Law section 3-104, but rejected a claim that filing the action in an improper venue constituted a jurisdictional defect. The court did not decide the merits, but vacated and remanded with directions to transfer the cause to Cook County. The Illinois Supreme Court affirmed that Sangamon County was not a permissible venue, but held that circumstance did not deprive the circuit court of jurisdiction to review the Department’s decision. Stating that it would be a waste of resources to require the Cook County court to review the decision again, the court vacated the portion of the judgment that vacated the Sangamon County decision and remanded to the appellate court for decision on the merits. View "Slepicka v. IL Dep't of Pub. Health" on Justia Law

Burge was a Chicago police officer, 1970 to 1993, and served as supervisor of the violent crimes unit. In 1997, Burge was granted pension benefits by the Policemen’s Annuity and Benefit Fund of Chicago. A 2003 civil rights lawsuit alleged torture and abuse by officers under Burge’s command. Burge denied, under oath, having any knowledge of, or participation in, the torture or abuse of persons in custody. In 2008, Burge was convicted of perjury, 18 U.S.C. 1621(1), and obstruction of justice, 18 U.S.C. 1512(c)(2), and sentenced to four and one-half years’ imprisonment. His convictions were affirmed. Burge has not been indicted for conduct which occurred while he was still serving on the Department. In 2011, the Board held a hearing to consider whether, under the Illinois Pension Code, 40 ILCS 5/5-227, Burge’s pension benefits should be terminated because of his federal felony convictions. Section 5-227 states that “[n]one of the benefits … shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as a policeman.” Burge maintained that his felony convictions related solely to the giving of false testimony in a civil lawsuit filed years after his retirement from the force. The divided Board concluded that “the motion was not passed.” “Burge continued to receive benefits. No administrative review was sought. The Attorney General, on behalf of the state, sued Burge and the Board, under section 1-115 of the Pension Code. The trial court held that deciding whether to terminate Burge’s pension was a “quintessential adjudicative function” that rested exclusively within the original jurisdiction of the Board, subject to review under the Administrative Review Law. The appellate court reversed. The Illinois Supreme Court reversed, reinstating the dismissal.Burke View "Madigan v. Burge" on Justia Law

Public Act 97-695 (eff. July 1, 2012), amended section 10 of the State Employees Group Insurance Act of 1971, 5 ILCS 375/10, by eliminating the statutory standards for the state’s contributions to health insurance premiums for members of three of the state’s retirement systems. The amendment requires the Director of Central Management Services to determine annually the amount of the health insurance premiums that will be charged to the state and to retired public employees. It is not limited to those who become annuitants or survivors on or after the statute’s effective date. The amendment was challenged by members of the affected entities: State Employees’ Retirement System (SERS), State Universities Retirement System (SURS), and Teachers’ Retirement System (TRS), as violation the pension protection clause, the contracts clause, and the separation of powers clause of the Illinois Constitution. Certain plaintiffs added common-law claims based on contract and promissory estoppel. The Illinois Supreme Court, on direct review, reversed dismissal, stating that health insurance subsidies are constitutionally protected by the pension protection clause and rejecting an argument that only the retirement annuity itself is covered. View "Kanerva v. Weems" on Justia Law

Nelson, on behalf of media companies, submitted a request to Kendall County under the Freedom of Information Act (FOIA), 5 ILCS 140/1, to copy all emails sent and received by two assistant states’ attorneys in January 2010, via county email. The county advised him to submit his request to the state’s attorney’s office. Nelson demanded that the county comply within 5 days of the original request. The county asserted a need for consultation that precluded meeting the deadline. Nelson requested review by the Public Access Counselor, Office of the Attorney General, under 5 ILCS 140/9.5. That office declined to act because the state’s attorney’s office had responded; although some information was denied as exempt, the state’s attorney had received approval for that decision and Nelson had not asked for review. Nelson filed suit and filed another FOIA request, excluding emails that were limited to discussions: with law enforcement personnel concerning pending cases; with defense counsel in pending cases; or with county board members or elected county officials. The circuit court dismissed, holding that the judicial branch is beyond the reach of the FOIA. The appellate court affirmed. The Illinois Supreme Court reversed. Case law consistently recognizes that the state’s attorney’s office is part of the executive branch, which is subject to FOIA. View "Nelson v. County of Kendall" on Justia Law

Sheridan Liquors operated with a City of Peoria liquor license. Adnan owned the store; his brothers, Mike and Jalal managed the business, which included a check-cashing service. Mike and Jalal were indicted under the Money Laundering Control Act, 31 U.S.C. 5324(a)(3). To support the check-cashing operation, they withdrew large amounts of cash from Sheridan Liquors’ bank account and, knowing of federal reporting requirements, structured the withdrawal of more than $4 million to evade the requirements. Mike was convicted. Jalal fled the country. The city charged violation of a code section that prohibits any liquor licensee or its agent from engaging in activity in or about the licensed premises that is prohibited by federal law, claiming that the brothers conspired to unlawfully structure financial transactions. Sheridan Liquors maintained that Mike’s federal conviction should not have preclusive effect against it because Adnan was never permitted to present a defense in the federal proceeding. Sheridan argued that its insurance coverage had limits of $10,000 for cash on the premises and that structuring the transactions below $10,000 was not done to evade reporting requirements. The city presented testimony regarding loitering, litter, and potential drug use around the store. The Illinois Liquor Control Commission and the trial, appellate, and supreme courts affirmed revocation of the license, finding that Adnan’s due process rights were not violated. The court noted the 148-page transcript of the two-and-one-half-hour local hearing and that Sheridan had an opportunity to present evidence and defenses. Procedural due process does not guarantee an outcome, but only a meaningful opportunity to be heard. View "WISAM 1, Inc. v. IL Liquor Control Comm'n" on Justia Law

The Illinois Department of Labor sent Jack’s Roofing a notice of investigation of possible violation of the Employee Classification Act, 820 ILCS 185/3.25 by misclassifying employees as independent contractors. Jack’s provided the Department with requested information. Preliminary determination found misclassification of 10 individuals for eight to 160 days and calculated a potential penalty of $1,683,000. The Department requested a response within 30 days for consideration before final determination. Less than a month later, the Department sent notice of a second investigation Jack's sought injunctive relief and a declaratory judgment that the Act is unconstitutional as violating: the special legislation clause of the Illinois Constitution because it subjects the construction industry to more stringent employment standards than other industries; the due process clauses of the U.S. and Illinois Constitutions because it does not provide an opportunity to be heard and is impermissibly vague; the U.S. Constitution's prohibition against bills of attainder because it is a legislative act that inflicts punishment without a judicial trial; and the equal protection clauses of both constitutions because no other industry is subjected to the same standards when seeking to hire independent contractors. On remand, the court denied relief, finding the Act valid and enforceable. The appellate court affirmed. The Illinois Supreme Court affirmed in part, rejecting facial constitutional challenges. A procedural due process challenge to enforcement provisions has been rendered moot by the recent amendments to the Act, which must be applied to plaintiffs in the future. The court also affirmed that section 10 of the Act is not unconstitutionally vague. Remaining constitutional challenges to the Act were forfeited. View "Bartlow v. Costigan" on Justia Law

Two Chicago firefighters suffered duty-related injuries in the 1980s and later died. Their widows each received an ordinary widow’s pension from the Retirement Board of the Firemen’s Annuity and Retirement Benefit Fund of Chicago. The two widows were later awarded annuities available to widows of firemen who died in the line of duty, retroactive to the date of death of each spouse, with interest, because the injuries were permanent and had prevented them from ever returning to active duty. The widows claimed that the calculation of their annuities (based on the current salary of the position last held by the deceased) should include duty availability pay, which is generally intended to compensate firefighters for being available for duty. This type of compensation was created in the 1990s, after these firemen’s accidents, and neither ever received it. Their argument, based on Pension Code language added in 2004, was rejected by the Board and the trial court. The appellate court reversed. The Illinois Supreme Court reinstated the denial. If duty availability pay may be used for pension calculation, it must be pay that was actually received by the firemen. View "Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago" on Justia Law