Justia Illinois Supreme Court Opinion Summaries

Firefighters, who suffered career-ending injuries during required training exercises, obtained line-of-duty disability pensions and sought continuing health coverage under the Public Safety Employee Benefits Act, 820 ILCS 320/10, which requires employers of full-time firefighters to pay health insurance premiums for the firefighter and family if the firefighter suffers a catastrophic injury as a result of a response to what is reasonably believed to be an emergency. The trial court dismissed a declaratory judgment action by one firefighter and affirmed denial of the insurance benefit for one firefighter. The appellate court affirmed. The supreme court held that an "emergency" means an unforeseen circumstance calling for urgent and immediate action and can arise in a training exercise. The other firefighter had obtained a declaratory judgment, which was affirmed by the appellate court. The supreme court distinguished the situation because, although he was instructed to "respond as if it were an actual emergency," he was not injured while making an urgent response to unforeseen circumstances involving an imminent danger to person or property. View "Gaffney v. Bd. of Tr. of Orland Fire Prot. Dist." on Justia Law

For 12 months following his injury, plaintiff, a police officer injured on duty, received salary under the Public Employee Disability Act. For a short time thereafter, he received salary through a combination of accrued sick and vacation time, light duty, and temporary total disability payments under the Workers’ Compensation Act. While plaintiff received salary under PEDA, the city deducted 20 percent of his health insurance premiums from his paycheck, in accordance with the collective bargaining agreement. After PEDA benefits expired, plaintiff continued to pay 20 percent of the premiums. When he was awarded a line-of-duty disability pension under the Illinois Pension Code, the city began paying 100 percent of the premiums, as required by the Public Safety Employee Benefits Act, 820 ILCS 320/10(a). Plaintiff's request for reimbursement for premiums paid since the date of injury was refused. The circuit court entered summary judgment for the city. The appellate court reversed. The Illinois Supreme Court reversed the appellate court. Under PSEBA, an employer's obligation to pay the entire health insurance premium for an injured officer and his family attaches on the date that it is determined that the injury is "catastrophic," the date it is determined that the injured officer is permanently disabled and eligible for a line-of-duty disability pension. View "Nowak v. City of Country Club Hills" on Justia Law

Plaintiff sells, installs, and services fire extinguishers and fire suppression and fire alarm systems, which it designs for commercial customers. Defendant Garcia, hired as a systems technician in 1992, became a sales person. In 1997 he signed a noncompetition agreement. Defendant Arredondo, a salesperson, signed a noncompetition agreement about a week after being hired in 1998. The agreement prohibited competition during their employment and for one year after termination in Illinois, Indiana, or Wisconsin and prohibited solicitation of plaintiff's customers, referral sources, and employees. In 2004 defendants formed a competing company; Arredondo resigned, Garcia was fired. The trial court found the covenants unenforceable and a divided appellate court affirmed. The Illinois Supreme Court remanded. Assessment of a covenant includes analysis of the employer's legitimate business interest, based on the totality of the circumstances.Factors include, but are not limited to, the near-permanence of customer relationships, the employee’s acquisition of confidential information through his employment, and time and place restrictions. No factor carries any more weight than any other, View "Reliable Fire Equip. Co. v. Arredondo" on Justia Law

In 1996 the plaintiff, a sergeant with the forest preserve district police, was indicted for unauthorized purchase of badges and suspended without pay. The district did not respond to his inquiry about a hearing. After the criminal charges were dismissed in 2001, plaintiff requested reinstatement and back pay. The district responded that it was seeking discharge based on rules violations. Plaintiff disputed the charges and asserted that the suspension violated the rules. The employee appeals board declined to hear the matter. At a predisciplinary hearing, a three-member panel of district supervisors refused to answer questions about which rules applied to the suspension. After a hearing before the employee appeals board that concluded in 2004, plaintiff was discharged and his claim of unlawful suspension was found to be forfeited. The circuit court affirmed. The appellate court vacated. The Illinois Supreme Court reversed and remanded, rejecting the appellate court's determination that the board lacked jurisdiction. View "Genius v. County of Cook" on Justia Law