Shaw v. The Department of Employment Security

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2013 IL App (1st) 122676
Decision Date: 
Monday, August 26, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Appeal dismissed.
Justice: 
DELORT
Circuit court reversed IDES decision denying unemployment benefits to former CTA employee. Administrative agencies must strictly maintain detached neutrality throughout appellate process. The judging agency cannot act on the employer's behalf if the employer, who is the real party in terest, declines to vindicate its interests through further litigation. State parties' limited role as nominal parties in administrative review suit is not sufficient to confer jurisdiction. (CUNNINGHAM and ROCHFORD, concurring.)