Administrative law — authority

Posted May 21, 2020 9:37 AM

Where an administrative agency seeks to impose a new rule, its ability to do so must arise expressly from a statute or by fair implication of a relevant statute.The 1st District Appellate Court reversed and remanded a decision by Cook County Circuit Judge Kathleen M. Pantle.Lori Levin was an employee of Cook County as an assistant state’s attorney from 1980 until July 31, 2003, making employee contributions to the County Employees’ and Officers’ Annuity and Benefit Fund of Cook County (Fund). In August of 2003, Levin took …

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Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
Family law — adult disabled child support

Where a parent petitions for adult disabled child support, it may do so after the child has reached the age of majority if the child is not emancipated and the disability arose as a minor.
Civil procedure — remand

Where plaintiffs’ complaint contained one claim and multiple legal theories, defendants could not justify remand on the basis that one legal theory alleged violation of federal law.
Civil procedure — mootness

Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
Civil procedure — standing

Where plaintiffs alleged economic harm based on theoretical risk of injury from potentially contaminated infant formula, theory was not sufficient to confer Article III standing.
Civil law — apparent agency

Where plaintiff receives a consent form indicating that their treating physician is not an agent of the hospital, this is not dispositive of an apparent agency relationship.