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.
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.
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.
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.
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.
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.
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.
No. 2015 IL App (1st) 142644 McInnis
v. OAG Motorcycle Ventures, Inc. Filed 6-25-15
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.
No. 2015 IL App (5th) 140503 Estate
of Burns v. Consolidation Coal Company Filed
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.