ADR and Mediation

Andermann v. Sprint Spectrum L.P.

Federal 7th Circuit Court
Andermann v. Sprint Spectrum L.P.
Civil Court
Arbitration
Citation
Case Number: 
No. 14-3478
Decision Date: 
May 11, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in denying defendant’s motion under 9 USC section 4 to arbitrate instant class action, alleging violation of Telephone Consumer Protection Act arising out of certain unsolicited phone calls from defendant, who had attempted to explain to plaintiffs that it had acquired their cell phone contracts from plaintiffs’ phone company, and that plaintiffs needed to get new phones or new cell phone company because their current phones were incompatible with defendant’s network. Relevant language in plaintiffs’ contracts with original phone company contained mandatory arbitration clause, and defendant, who was assigned said contracts, was entitled to enforce said clause. Ct. further observed that plaintiffs may have either weak or non-existent claim, since Telephone Consumer Protection Act allows entities with established business relationship with consumers to make unsolicited telephones calls to said consumers.

State of Illinois, Department of Central Management Services v. American Federation of State, County and Municipal Employees, Council 31

Illinois Supreme Court PLAs
State of Illinois, Department of Central Management Services v. American Federation of State, County and Municipal Employees, Council 31
Civil Court
Arbitration
Citation
PLA issue Date: 
March 25, 2015
Docket Number: 
No. 118422
District: 
1st Dist.

This case presents question as to whether arbitrator properly directed State to pay approximately $52 million to employees of certain State agencies pursuant to terms of collective bargaining agreement, even though General Assembly had failed to appropriate sufficient funds to said agencies to fully pay said employees. Appellate Court, in confirming arbitrator’s award, found that section 21 of Public Labor Relations Act did not make instant collective bargaining agreement subject to General Assembly’s appropriation power. It also rejected State’s claim that State would owe said employees nothing if General Assembly chose to appropriate all of its funds to purposes other than payment of amounts that State’s agents had agreed to pay employees in collective bargaining agreement.

North Community Bank v. 17011 South Park Ave, LLC

North Community Bank v. 17011 South Park Ave, LLC
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 133672
Decision Date: 
Monday, March 16, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and dismissed in part; remanded.
Justice: 
DELORT

In foreclosure case, order confirming sale, rather than judgment of foreclosure, is the final and appealable order. Order of foreclosure and sale cannot be interlocutorily appealed unless it contains required Rule 304(a) language. (CUNNINGHAM and HARRIS, concurring.)

Work Zone Safety, Inc. v. Crest Hill Land Development LLC

Work Zone Safety, Inc. v. Crest Hill Land Development LLC
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2015 IL App (1st) 140088
Decision Date: 
Tuesday, March 10, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
LIU
Court granted equitable relief on judgment confirming arbitration award, in dispute over Defendant's sale of wetlands property to Plaintiff. Arbitrator concluded that Defendant was obligated to repurchase property at a certain price and awarded Plaintiff damages in the amount of said price, noting that award "stands" if Defendant failed to repurchase property. Defendant failed to repurchase or appeal, and moved to dismiss supplementary proceedings. Defendant's motion to dismiss was collateral attack on final judgment without satisfying any requirements under Sections 2-1301 or 2-1401, and circuit court's order granting equitable relief to Defendant impermissibly modified judgment and underlying arbitration award. Court properly interpreted arbitration agreement's fee-shifting provision as inapplicable because dispute did not involve escrow funds. (SIMON and NEVILLE, concurring.)

Senate Bill 818

Topic: 
Mental health confidentiality

(Nybo, R-Lombard) amends the Mental Health and Developmental Disabilities Confidentiality Act. It makes records and communications made or created in the course of providing mental health or developmental disabilities services protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship. It makes an exception if "unless otherwise expressly provided for in the Act." Just introduced and referred to the Senate Committee on Assignments.

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Renard v. Ameriprise Financial Services. Inc.

Federal 7th Circuit Court
Renard v. Ameriprise Financial Services. Inc.
Civil Court
Arbitration
Citation
Case Number: 
No. 14-1730
Decision Date: 
January 30, 2015
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in confirming arbitration panel’s award in favor of defendant in its claim that plaintiff owed it money based on loans used by plaintiff to build his franchise that he purchased from defendant. Although plaintiff claimed that he did not have to repay said loans and that panel had acted in manifest disregard to terms of franchise agreement and Wisconsin’s Fair Dealership Law, plaintiff could not challenge instant award based only on claim that arbitration panel had committed legal error when finding for defendant. Ct. also rejected plaintiff’s claim that defendant procured instant arbitration award though fraud by defendant’s counsel making inaccurate statements during closing arguments of arbitration proceeding, where said statements were supported by record.

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.

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Hennessy Industries, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA

Federal 7th Circuit Court
Hennessy Industries, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA
Civil Court
Arbitration
Citation
Case Number: 
No. 14-1277
Decision Date: 
October 28, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in denying defendant’s motion to order arbitration of plaintiff’s lawsuit alleging that it was entitled to attorney fees under section 155 of Insurance Code, where defendant had allegedly delayed providing coverage to plaintiff for underlying asbestos claims pursuant to parties’ agreement. Parties’ agreement contained clause that required arbitration for any “dispute” that called for interpretation of said agreement, and instant claim for fees was such dispute.

Fuqua v. SVOX AG

Fuqua v. SVOX AG
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2014 IL App (4th) 131429
Decision Date: 
Monday, June 9, 2014
District: 
4th Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and remanded.
Justice: 
CUNNINGHAM
Arbitration clause is valid and enforceable, and is supported by offer of employment and acceptance of offer, consideration of employment and promise to resolve employment disputes through arbitration. Clause was not procedurally unconscionable as it was easy to find within employment agreement, and was clear and easy to understand. Clause is not substantively unconscionable, as employee had ample opportunity to object to carve-out provisions and request changes to its terms, and he successfully negotiated clause. Thus, no grounds to revoke valid and enforceable arbitration clause. If written notice of removal to federal court is not given to the adverse party then removal is not perfected. (CONNORS and DELORT, concurring.)

Advocate Financial Group v. Poulos

Advocate Financial Group v. Poulos
Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2014 IL App (2d) 130670
Decision Date: 
Monday, March 31, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Arbitration award for Plaintiff for charges and attorney fees it incurred under agreement with Defendants to attempt to negotiate alternative financing to avoid foreclosure. Defendants did not participate in arbitration, but had been notified in writing that Plaintiff intended to proceed to arbitration under agreement. Thus, Defendants have forfeited their objections to arbitration and judgment on award. (McLAREN and HUDSON, concurring.)