|Home||About||Membership||CLE||Publications||Member Groups||Events||Career||Practice Tools||Store||Public||Contact|
Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on either of the articles that appear below.
Murray v. Poani
Plaintiffs filed Section 1983 action, alleging that village and its police department deprived them of their due process rights in active involvement in a private repossession of their vehicle. Issue of material fact exists as to whether deprivation of due process rights was as a result of state action, by officer facilitating unlawful taking of personal property. (APPLETON and KNECHT, concurring.)
Parikh v. The Division of Professional Regulation of the Department of Financial and Professional Regulation
Court was within its discretion in denying neurologist's request for stay of IDPR's order indefinitely suspending his medical license for minimum of one year, upon allegations he had repeatedly touched breasts and vaginal areas of 21-year-old patient during neurological examinations. Neurologist did not show that granting stay was not contrary to public policy; Director explained his points of disagreement with ALJ's finding, and statute does not limit Director's authority to disagree on questions of aggravation or mitigation. (SALONE and NEVILLE, concurring.)
Kaider v. Hamos
Court properly denied petition for leave to file taxpayer's suit to enjoin disbursement of state funds under Section 11-303 of Code of Civil Procedure, to prevent State from providing health benefits to pregnant women and children not lawfully in the United States. Illinois General Assembly opted out of the benefits bar via federal statute giving states authority to provide benefits to unlawful aliens through enactment of State law after August 1996. All Kids Act raised income threshold for eligibility, and imposed no immigration or citizen requirements, and stated intent was to allow "all children" of Illinois to access affordable health insurance. (McBRIDE and HOWSE, concurring.)
Crittenden v. Cook County Commission on Human Rights
Bartender filed sexual harassment complaint against former employer. Cook County Commission on Human Rights properly awarded bartender lost wages and compensatory damages, given evidence and conflicting witness testimony. Commission properly allowed Petitioner to testify to clarify date of harassment incident, mistakenly identified as one week earlier in complaint. Commission did not err in allowing hearsay testimony of Petitioner's family, as defense introduced subject initially. Commission, as administrative agency, has no general or common law authority to award punitive damages, and County Human Rights Ordinance does not authorize punitive damages. (GARCIA and LAMPKIN, concurring.)
Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.