Supreme Court Quick Takes

Leading appellate attorneys review the Illinois Supreme Court opinions handed down Friday, February 17. The cases are Stone Street Partners, LLC v. City of Chicago Dept. of Administrative Hearings, Wardwell v. Union Pacific Railroad Co., Grimm v. Calica, and, from the criminal docket, People v. Fort, People v. Ayres, and People v. Shinaul.

Our panel of leading appellate attorneys reviews the Illinois Supreme Court opinions handed down Friday, December 30. The cases are Bremer v. The City of Rockford, Johnson v. Ames, People v. Price, and People v. Smith.

CIVIL

Bremer v. The City of Rockford

By Michael T. Reagan, Law Offices of Michael T. Reagan

In three cases since 2003, the Supreme Court has construed the phrase “catastrophic injury” in the Public Safety Benefits Act (820 ILCS 320/10(a)) to be synonymous with an injury resulting in a line-of-duty disability pension under section 4-110 of the Pension Code (40 ILCS 5/4-110). The controlling issue in this case is whether that phrase is also synonymous with an injury resulting in an occupational disease disability pension under section 4-110.1 of the Pension Code. The court, with Justice Thomas writing, unanimously held that the legislature did not intend for that phrase to be synonymous with a disease  which resulted in the award of an occupational disease disability pension. The court stated that its prior cases were based on references in the legislative history to only the “line-of-duty” disability provision, and that nothing in the legislative history  indicated an intent to expand the definition of “catastrophic injury.”

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Civil opinions in In re M.M., Bueker v. Madison County Illinois,  */ Beggs v. The Board of Education of Murphysboro Community Unit School District No. 186, Blanchard v. Berrios, Murphy-Hylton v. Lieberman Management Services, Inc. and Zahn v. North American Power & Gas, LLC.

In re M.M.

By Joanne R. Driscoll, Forde Law Offices LLP

This case raises the procedural question of whether, in the adjudication of an abuse and neglect petition, the court has the authority to appoint a guardian for the minor when there has been no finding that a parent is unfit, unable or unwilling to care for the child.  Answering the question “no,” the Illinois Supreme Court, in a unanimous opinion, repudiated and overruled several cases that were in conflict.

Our panel of leading appellate attorneys review Thursdays's Illinois Supreme Court opinions in the Civil case Carney v. Union Pacific R.R. Co. and the criminal cases People v. Jones and People v. Minnis.

CIVIL

Carney v. Union Pacific R.R. Co.

By Michael T. Reagan, Law Offices of Michael T. Reagan

In affirming the circuit court’s grant of summary judgment to the defendant Union Pacific, and reversing the appellate court, which had decided this case with a Rule 23 Order, the supreme court significantly examined three sections of the Restatement (Second) of Torts which are frequently invoked in cases involving injuries during construction.  Justice Theis wrote for the court.  Justice Kilbride dissented.