Articles Posted in Supreme Court of Illinois

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Erie is a Chicago “Federally Qualified Health Center” (FQHC), 42 U.S.C. 254b (2012). FQHCs rely heavily on federal grants and Medicaid reimbursement. Erie Employees are federal employees under the Federal Tort Claims Act, 42 U.S.C. 233(a). Erie was founded as a project between Northwestern Memorial Hospital (NMH) and Erie Neighborhood House in 1957. NMH provides financial support and technical assistance, but Erie physicians seeking NMH privileges are required to apply for them. In 2005, Yarbrough went to the Erie after searching for a clinic that would not require insurance coverage. Yarbrough was informed that she would have her ultrasounds done at Northwestern and would likely deliver her baby at NMH. Based upon information she received during the visit, Yarbrough believed that Erie and NMH were the same entity. Yarbrough sued NMH. based on her daughter’s premature birth, alleging medical negligence. The Illinois Supreme Court answered a certified question: A hospital cannot be held vicariously liable under the doctrine of apparent agency set forth in Gilbert v. Sycamore, for the acts of the employees of an unrelated, independent clinic that is not a party to the litigation. Yarbrough sought treatment at Erie but looks to impose liability on NMH. Erie is neither owned nor operated by NMH. While Erie receives some charitable assistance from NMH, it relies heavily on federal money. Erie does not utilize the Northwestern name, Northwestern-related branding, or Northwestern’s trademark purple color. View "Yarbrough v. Northwestern Memorial Hospital" on Justia Law

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Cohen was riding his bicycle on Lakefront Trail, a shared-use path that runs along the shore of Lake Michigan, when his front wheel caught in a crack in the pavement and he fell. Cohen sued the Chicago park district, alleging it acted willfully and wantonly in failing to maintain the path and was responsible for his injuries. The circuit court granted the park district summary judgment, concluding that it was immune from suit under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/3-107(a), which grants absolute immunity to local public entities for injuries caused by a condition of a “road which provides access to fishing, hunting, or primitive camping, recreational, or scenic areas” or was immune from suit under section 3-106, which immunizes local public entities for injuries occurring on recreational property, except when the local public entity engages in willful and wanton conduct proximately causing the injuries. The Illinois Supreme Court affirmed in part. Section 3-107(a) is inapplicable The district is, however, immune from suit under section 3-106. Lakefront Trail is not open to public, motorized traffic and is not a “road” within the meaning of section 3-107(a). The district’s actions were not willful or wanton. Cracks in paved surfaces are unavoidable in climates such as Chicago’s. The risk of injury from the crack was not an extraordinary and unusual risk; there were no prior injuries involving the crack. View "Cohen v. Chicago Park District" on Justia Law

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The plaintiff filed a complaint against Lake County and Highland Park for personal injuries arising out of a bicycling accident on the Skokie Valley Bike Path. The circuit court granted the defendants summary judgment, citing the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-107(b), which provides immunity with respect to “an injury caused by a condition of: (a) Any road which provides access to fishing, hunting, or primitive camping, recreational, or scenic areas and which is not a (1) city, town or village street, (2) county, state or federal highway or (3) a township or other road district highway. (b) Any hiking, riding, fishing or hunting trail.” Plaintiff appealed against the city only. The appellate court reversed. The Illinois Supreme Court affirmed. The Bike Path is not a “trail” as that word is ordinarily and popularly used; the words “hiking,” “fishing,” and “hunting” dictate a narrow construction of the term “trail.” If section 3-107(b) stated that immunity applied to “any jogging, riding, in-line skating, or stroller trail,” a shared-use path such as the Skokie Valley Bike Path would be a “riding trail.” However, the inclusion of the words “hiking,” “fishing,” and “hunting” in the same sentence as “riding” indicates that the legislature intended to apply blanket immunity only to primitive, rustic, or unimproved trails. View "Corbett v. The County of Lake" on Justia Law

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The Illinois Commerce Commission granted a certificate of public convenience and necessity to Rock Island for construction of a high voltage electric transmission line between O’Brien County, Iowa, and a converter station adjacent to Commonwealth Edison Company’s Grundy County, Illinois substation. Rock Island is a wholly owned subsidiary of Wind Line, which is a wholly owned subsidiary of Clean Line, which is owned in part by Grid America, a subsidiary of National Grid, which owns and operates more than 8600 miles of high-voltage transmission facilities. Rock Island has never constructed a high voltage transmission line and does not yet own, control, operate, or manage any plants, equipment, or property used or to be used in the transmission of electricity or for any other purpose related to utilities; it has an option to purchase real property in Grundy County. The appellate court reversed, holding that the Commission had no authority under the Public Utilities Act, 220 ILCS 5/1-101, to consider Rock Island’s application because the company did not qualify as a public utility under Illinois law. The Illinois Supreme Court affirmed. Whatever Rock Island’s motives for seeking a certificate of public necessity and convenience, it does not qualify as a public utility; eligibility for a certificate of public convenience and necessity unambiguously requires present ownership, management, or control of defined utility property or equipment. View "Illinois Landowners Alliance, NFP v. Illinois Commerce Commission" on Justia Law

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Gaither, a La Salle County State’s Attorney special investigator and part of a team (SAFE) intended for “drug interdiction team primarily on Interstate 80,” conducted a traffic stop against each defendant on I-80; each stop resulted in the discovery of a controlled substance. Each defendant moved to suppress evidence contending that Gaither lacked the authority to conduct traffic stops because State’s Attorney Towne failed to comply with 55 ILCS 3-9005(b)’s mandatory procedures in hiring Gaither or that section 3-9005(b) did not authorize Gaither to conduct traffic stops. The statute provides: “The State’s Attorney of each county shall have authority to appoint one or more special investigators to serve subpoenas, make return of process and conduct investigations which assist the State’s Attorney in the performance of his duties.” The circuit court granted each defendant’s motion to suppress, holding that section 3-9005(b) required strict compliance with its background verification procedures before Gaither’s appointment and that the requirements were not met. The appellate court found that the conduct of the SAFE unit and Gaither exceeded the scope of section 3-9005(b). The Illinois Supreme Court affirmed. To construe section 3-9005(b) as the state urges would promote confusion between the functions of general law enforcement and assisting a State’s Attorney in the performance of his duties. The State’s Attorney’s common-law duty to investigate suspected illegal activity did not apply because Towne made no showing that law enforcement agencies inadequately dealt with such investigation or that any law enforcement agency asked him for assistance. View "People v. Ringland" on Justia Law

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Illinois High School Association (IHSA), which governs interscholastic athletic competitions for public and private secondary schools, is not a “public body” under the Freedom of Information Act (FOIA), 5 ILCS 140/2. Founded in 1900, IHSA is a private, not-for-profit, unincorporated association with over 800 public and private high school members. IHSA establishes bylaws and rules for interscholastic sports competition, enforces those rules, and sponsors and coordinates post-season tournaments for certain sports in which member schools choose to compete. Any Illinois private or public high school may join IHSA if it agrees to abide by IHSA rules. There is no requirement that public schools constitute a certain percentage of IHSA membership and no requirement that public schools join IHSA. IHSA does not govern all sports or extracurricular activities of the member schools. It does not supervise intramural sports or most club sports. It is not involved in regular season interscholastic contests among the member schools. The Better Government Association submitted a FOIA request to IHSA for all of its contracts for accounting, legal, sponsorship, and public relations/crisis communications services and all licensed vendor applications for two fiscal years. The trial, appellate, and Illinois Supreme Court agreed that IHSA is a not-for-profit charitable organization and not subject to the FOIA. View "Better Government Association v. Illinois High School Association" on Justia Law

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Stone Street discovered that a judgment had been recorded against its property for failure to pay $1050 in fines and costs imposed by Chicago’s department of administrative hearings for violations of the building code more than a decade earlier. Stone Street sued, arguing that the original administrative proceedings were a nullity and could not serve as the basis for the judgment because it had not been given the requisite notice and had no opportunity to contest the alleged violations before judgment was entered. While notice was never given to Stone Street, a person named Johnson entered a written appearance in the administrative proceeding that culminated in the fine. Johnson represented that he was there on behalf of Stone Street, but Johnson, who died before the litigation arose, was not an attorney, had no affiliation of any kind with the company, and did not live in the property. The Illinois Supreme Court held that, bbecause Stone Street was never properly served with notice and because Johnson had no authority to appear on the company’s behalf, the Department failed to acquire personal jurisdiction over it. The Department’s 1999 judgment was therefore void ab initio and could be attacked at any time, either directly or collaterally. View "Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings" on Justia Law

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The Department of Children and Family Services indicated a finding of child abuse against Grimm. Grimm, a teacher, claimed that the report was inaccurate and requested its expunction. An administrative law judge recommended that Grimm’s request be denied. Nine days later (July 30), the Department issued its decision in a letter signed by its director, addressed to Grimm's attorney and indicating that it was sent via certified mail; it adopted and enclosed the ALJ's decision, stating, “you may seek judicial review under the provisions of the Administrative Review Law, 735 ILCS 5/3-101 … within 35 days of the date this decision was served on you.” On September 4, 36 days after the date of the letter, Grimm filed her complaint for judicial review, stating that her attorney received the decision no earlier than July 31, and that she did not receive the decision until August 12 or 13. The Department stated that it served Grimm when it mailed the letter. The Illinois Supreme Court affirmed the trial and appellate courts in finding that the Department’s decision was misleading and violated due process. The courts balanced Grimm’s constitutionally protected interest, the risk of an erroneous deprivation of that interest, and the value of substitute procedures against the burden on the Department to change boilerplate language in a letter announcing its final decision. View "Grimm v. Calica" on Justia Law

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The Bartonville police department’s union contract includes a grievance procedure. The Union may refer the grievance to arbitration if it is not settled within the three-step procedure. In 2014, Chief Fengel signed a complaint for termination, alleging that Lopez violated department procedures during a traffic stop. After scheduling a hearing by the board of fire and police commissioners, Lopez sought a declaratory judgment, arguing that the board was divested of jurisdiction because it had failed to commence the hearing within the 30-day time limit under Municipal Code 10-2.1-17. The board responded that it did so at Lopez’s request. The appellate court affirmed summary judgment in favor of the board. The hearing had proceeded, with counsel stating that Lopez did not waive the issue of jurisdiction and that the Union’s presence did not waive its contractual right to grieve the termination. The board ordered termination. Lopez never sought judicial review under the Administrative Review Law, but filed a grievance. When the grievance was not resolved by the three-step process, the Union referred it to arbitration. The Department sought a stay, arguing that in relying on the Municipal Code, Lopez essentially admitted that the board had jurisdiction. Because the board issued a final merits decision, review was subject to the Administrative Review Law. The Department also argued that the grievance and arbitration provisions in the labor contract did not apply to termination proceedings because the parties did not negotiate an alternative form of due process in the labor contract. The trial court granted the Department summary judgment, finding no contract provision, “even inferring, that the grievance procedure should, or could, be used to determine disciplinary matters.” The appellate court reversed. The Illinois Supreme Court reinstated the trial court decision, finding the grievance barred by waiver and res judicata. View "The Village of Bartonville v. Lopez" on Justia Law

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The Springfield School District Board of Education met in closed sessions to discuss a separation agreement with then-superintendent Milton. At the January 31 closed meeting, Milton signed and dated a proposed agreement. At a February 4 closed session, six (of seven) Board members signed, but did not date the agreement. The Board’s attorney explained that they would have to take a public vote but that they were bound by the agreement not to publicly disclose the details of their discussions or the agreement’s terms. A reporter filed a request under 5 ILCS 120/3.5(a), for review of alleged violations of the Open Meetings Act. Meanwhile, the Board announced the agenda for a March 5 public meeting; its website included item 9.1, approval of the separation agreement, with a link to the resolution, which linked to the separation agreement itself, containing Milton’s dated signature and the undated Board member signatures. At the public meeting, a dissenting Board member objected that neither she nor the public were aware of the reasons for the action. The resolution was approved. The agreement was then dated March 5. The Attorney General subsequently concluded: the February 4 signing constituted taking a final action in violation of the Act; even if it was permissible to ratify that action by an open-meeting vote, the Board failed to adequately inform the public of the nature of the matter; the Board failed to create and maintain verbatim recordings of closed sessions; and the Board failed to summarize discussions of the separation agreement in the minutes of closed meetings. The Illinois Supreme Court upheld lower court conclusions that the Board did not violate the Act because final action was taken at the March 5 open meeting, and that the website posting adequately informed the public of the nature of the matter. View "Board of Education of Springfield School District No. 186 v. Attorney General of Illinois" on Justia Law