Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases In re Marrige of Mueller and Hadley v. Subscriber Doe and the criminal case People v. Downs.

CIVIL

In re Marriage of Mueller

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Leetaru v. The Board of Trustees of the University of Illinois and Illinois State Treasurer v. Illinois Workers’ Compensation Commission and the criminal case People v. Barner. 

CIVIL

Leetaru v. The Board of Trustees of the University of Illinois

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

Issues of sovereign immunity divided the Court in this suit by a doctoral student against the University of Illinois and one of its associate vice chancellors (Guenther). Leetaru filed a circuit court action to enjoin further action in connection with an investigation defendants were pursuing against him regarding allegations that he engaged in academic misconduct. Leetaru contended that defendants violated University rules and regulations in conducting the investigation, exceeded their authority, and deprived him of due process.

The circuit court dismissed the action, finding that the Court of Claims had exclusive jurisdiction. After the appellate court affirmed, the Supreme Court reversed and remanded.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the criminal cases People v. Almond, People v. Mosley, People v. Boyce and In re the Interest of Jordan G.

People v. Almond

By Jay Wiegman, Office of the State Appellate Defender

Many people mocked Barney Fife for carrying a single bullet in his shirt pocket, but today's decision in People v. Almond, 2015 IL 113817, shows that to have been a wise policy.

Based on an anonymous tip that drugs were being dealt out of a store, police officers approached Almond (who had prior felony convictions), asked him what he was doing there and whether  he was in possession of any narcotics or weapons. The officer testified that the defendant said “I just got  to let you know I got a gun on me.” The defendant was frisked, and the gun was recovered. The defendant filed a motion to quash arrest and suppress  evidence. At a hearing on the motion, Almond denied that he was even asked whether he had contraband and denied he ever told officers that he possessed a firearm, claiming that he would not tell a police officer that  information  because  he knew “it’s wrong to have a gun.” The motion was denied. Following a bench trial, the defendant was convicted on all counts.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Ferris, Thompson & Zweig, Ltd. v. Esposito, Williams v. BNSF Railway Company, Lutkauskas v. Ricker and Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka and the criminal cases People v. Simpson, People v. Chenoweth and People v. Taylor.

CIVIL

Ferris, Thompson and Zweig, Ltd. v. Esposito

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

This case involves the question of subject matter jurisdiction as between the Workers’ Compensation Commission and the circuit court.  The Court held that an attorney fee dispute based upon referral agreements wherein the plaintiff referred workers’ compensation claims to the defendant fell within the circuit court’s jurisdiction.

Plaintiff sued defendant in circuit court, asserting that, pursuant to written agreements, plaintiff agreed to act as co-counsel in representing two women who had workers’ compensation claims.  After the cases settled, defendant refused to pay plaintiff its share of fees.