Illinois Supreme and Appellate Court Case Summaries
By  Robert Clifford( RJC) ,Timothy J. Joyce(TJJ) and Jean M. Cocozza(JMC),

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7 Appellate Cases Posted 7-7-15

1. Public Housing: Reversed and remanded: Petitioner's son was not a household member at the time of his arrest for murder; therefore public housing authority erred in ordering termination of her participation in voucher program; but petitioner did violate her obligation to tell authority that her son had moved out earlier, and matter remanded for determination of appropriate sanction. Hoffman, J.

No. 2015 IL App (1st) 142458  Rodriguez v. Chicago Housing Authority  Filed 6-30-15 (TJJ)

The petitioner, Maribely Rodriguez, appeals from an order of the circuit court denying her petition for certiorari and thereby confirming a decision of the respondent, Chicago Housing Authority (CHA), terminating her participation in  the CHA’s Housing Choice Voucher Program (Voucher Program). For the reasons which follow, we: reverse the judgment of the circuit court; confirm the decision of the CHA in part, reverse the decision of the CHA in part and vacate  the decision of the CHA in part; and remand this matter back to the CHA for further proceedings.

2. Nursing Homes: Affirmed: Under factual circumstances of particular case, defendant nursing home was not obligated to charge resident Medicaid rates rather than private pay rates where resident was not clearly covered by Medicaid. Appleton, J.

No. 2015 IL App (4th) 121103-B  Slepicka v. The State of Illinois  Filed 7-7-15 (TJJ)

Defendant, Holy Family Villa, a not-for-profit Illinois corporation, operates a nursing home by that name in Palos Park. Plaintiff, Mary Slepicka, is a resident of the nursing home. Defendant served upon her a notice of involuntary  transfer or discharge on the ground of nonpayment. See 42 C.F.R. § 483.12(a)(2)(v) (2012). She administratively appealed (see 210 ILCS 45/3-410 (West 2012)), and after an evidentiary hearing, the Department of Public Health approved the notice of involuntary transfer or discharge (see 210 ILCS 45/3-707 (West 2012)). Plaintiff then filed a complaint for judicial review with the Sangamon County circuit court, and the court upheld the administrative  decision. See 210 ILCS 45/3-713(a) (West 2012). Plaintiff appeals. Affirmed.

3. Criminal Law: Reversed and remanded: Although trial court asked numerous questions of defendant regarding his education and capacity to waive counsel, trial court's failure to admonish defendant consistently with three requiresments of Supreme Court Rule 401(a) required reversal of convictions for aggravated battery. Harris, J.

No. 2015 IL App (4th) 130575  People v. Bartholomew  Filed 7-7-15 (TJJ)

In April 2013, a jury convicted defendant, Thomas M. Bartholomew, of two counts of aggravated battery, both Class 2 felonies and one count of battery, a Class A misdemeanor. In June 2013, the trial court sentenced defendant to 13  years in prison. On appeal, defendant asserts the trial court failed to substantially comply with Illinois Supreme Court Rule 401(a) prior to allowing him to proceed pro se. We reverse and remand for a new trial.

4. Administrative Law: Handgun Possession/FOID Card: Affirmed and modified: Ruling by Department of State Police issuing plaintiff a state Firearms Owners Identification Card upheld notwithstanding prior conviction for domestic battery, but order of Department modified to require that FOID card indicate plaintiff's right to possess firearms or ammunition "under Illinois law." Steigmann, J.

No. 2015 IL App (4th) 130746  Connour v. Grau  Filed 7-7-15 (TJJ)

The Department appeals, arguing only that the trial court erred by ordering it to report to the appropriate federal agency that plaintiff's right to possess firearms and ammunition had been restored. Although we affirm the court's  judgment, we modify it and remand with directions that the court modify its order by directing the Department to report to federal authorities that plaintiff's rights to possess firearms and ammunition have been restored as a matter of Illinois law.

5. Public Employment: Affirmed: State labor relations board properly concluded that three corrections employees were guberbatorial designation employees for exclusion from collective bargaining, as their responsibilities rendered them managers. Turner, J.

No. 2015 IL App (4th) 131025  Lindorff v. The American Federation of State, County, and Municipal Employees  Filed 7-7-15 (TJJ)

Pursuant to Illinois Supreme Court Rule 335 and section 11(e) of the Illinois Public Labor Relations Act, petitioners, Lois Lindorff and Deborah Fuqua, seek direct review of a decision of respondent, the Illinois Labor Relations  Board, State Panel (Board), finding their positions qualified for a gubernatorial designation for exclusion from collective bargaining under section 6.1(b)(5) of the Labor Act. On review, petitioners (1) challenge the Board's  interpretation of section 6.1(c)(i) of the Labor Act and (2) argue the health-care-unitadministrator position did not meet the requirements for a gubernatorial designation under section 6.1(b)(5) of the Labor Act. We affirm.

6. Administative Law: Reversed and remanded: In connection with proceedings relating to leak of underground gasoline storage tanks, state Environmental Protection Agency should have applied $10,000 deductible in connection with gas/heating oil dealer's claim, rather than $100,000 deductible, in light of federal law in effect at time of initial claim in 1993. Pope, J.

No. 2015 IL App (4th) 140593  The Estate of Slightom v. The Pollution Control Board  Filed 7-7-15 (TJJ)

In June 2014, the Pollution Control Board (Board) affirmed the decision of the Illinois Environmental Protection Agency (IEPA or Agency) to deny the request for reimbursement of the Gerald D. Slightom estate (Estate) from the  Leaking Underground Storage Tank Fund (LUST Fund) for costs associated with cleaning up property, upon which a gas station had operated, located in Girard, Illinois. The Estate appeals, arguing the Board erred in affirming the  Agency's decision. We reverse and remand with directions.

7. Insurance Coverage/Workers' Compensation: Affirmed: Trial court had jurisdiction to issue default judgment against employer/insured rescinding coverage, despite claim that Industrial Commission had exclusive jurisdiction to resolve question of coverage. Pope, J.

No. 2015 IL App (4th) 140955  Pekin Insurance Company v. Campbell  Filed 7-7-15 (TJJ)

Plaintiff, Pekin Insurance Company (Pekin), filed a complaint to rescind a workers' compensation policy it issued to defendant, Tyree Campbell, d/b/a Campbell Construction & Improvement (Campbell), citing misrepresentations  Campbell made regarding the number of individuals he employed. Despite being served with the complaint, Campbell failed to respond or appear at the subsequent hearing. In August 2012, the trial court entered a default judgment against him. In April 2014, Campbell filed a petition to vacate the default judgment. According to Campbell’s argument, the default judgment was void because the trial court lacked subject matter jurisdiction to address Pekin's   complaint. Thereafter, Pekin filed a motion to dismiss Campbell's petition, arguing the default judgment was not void because Pekin's complaint involved the rescission of an insurance policy, which was well within the trial court's  subject matter jurisdiction. The court granted Pekin's motion. Campbell then filed a motion to reconsider, which the court denied. Campbell appeals that denial and we affirm.

1 Appellate Case Posted 7-2-15

1. Restrictive Employment Covenants: Affirmed: Trial court properly denied employer request for injunctive relief in connection with restrictive employment contract seeking to prohibit employee from working for another employer, where no sufficient consideration given for agreement not to compete. Cobb, J. (Ellis, J., dissenting).

No. 2015 IL App (1st) 142644  McInnis v. OAG Motorcycle Ventures, Inc.  Filed 6-25-15 (TJJ)

A former employee brought a complaint for declaratory relief seeking judicial determination that restrictive covenants in his employee agreement were unenforceable. The employer counterclaimed seeking injunctive relief against the  employee and to enforce the restrictive covenants in the employment agreement. The employer appeals from the order of the trial court denying its motion for a preliminary injunction. Affirmed.

1 Appellate Case Posted 7-1-15

1. Workers' Compensation: Reversed and remanded: Where deceased worker's claim was covered by overlapping state and federal claims, employer could not "reduce" payment of state workers' compensation award by amount of federal "overlapping" award, and was required under Section 19(g) of Worlers' Compensation Act to pay full award, and recoup any "overpayment" as required by federal register. Stewart, J.

No. 2015 IL App (5th) 140503  Estate of Burns v. Consolidation Coal Company  Filed 6-30-15 (TJJ)

On March 22, 2005, Mildred Burns, the widow of Thomas Burns, filed a claim for benefits under the Workers' Occupational Diseases Act alleging that Thomas suffered disablement and died as a result of occupational diseases, which  arose out of his employment with the respondent, Consolidation Coal Company. On January 18, 2006, Mildred died, leaving her daughter, Bonnie Dawe, and son, Kim Burns, as her heirs. On October 7, 2009, the arbitrator awarded  the estate of Mildred Burns (estate) death benefits and burial expenses. The Illinois Workers' Compensation Commission (Commission) affirmed and adopted the arbitrator's award. The respondent paid the estate $89,865.30. The estate contended that this was not the full amount due and owing under the Commission's award and filed a motion pursuant to section 19(g) of the Workers' Compensation Act to enforce the  judgment in the circuit court. The respondent filed a motion to dismiss, which the circuit court granted. The estate filed a timely notice of appeal. We reverse.