Employment law — mandatory vaccinations

Posted November 20, 2023 11:38 AM

Where employees are required to undergo vaccination or testing to prevent or reduce the spread of COVID-19, they lack standing to file suit under the Conscience Act.The 4th District Appellate Court affirmed the decision of Sangamon County Associate Judge Jennifer M. Ascher.Jean Glass, Jesse Fowler, Trina Tangerose, Valerie Gregory, Mike Winters, Kimberly Watson, Richard Logan, and Gregory Gurski (collectively, plaintiffs) are employed in state-owned congregate-care facilities in Illinois. They brought suit against Illinois …

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Civil procedure — drop service of process

Where a defendant is served a summons out of state and refuses to accept it, drop service is considered sufficient service of process.
Criminal procedure — monetary bail

Where a defendant has already been assigned monetary bail, the court may not reimpose it at the bond hearing unless the defendant chooses to stand on the original terms.
Bankruptcy — Rooker-Feldman

Where Rooker-Feldman did not apply when bankruptcy petitioner objected to filing of claim by creditor in unresolved state court litigation, and bankruptcy judge determined that creditor’s merger of interests extinguished the debt.
Criminal procedure — pretrial release

Where a defendant is denied bail, it is proper if based on the specific facts of the case and the circuit court’s conclusion that no condition mitigates defendant’s danger to the community.
Disability discrimination — remote work

Where in-person attendance at job site was essential function of teaching job, plaintiff could not demonstrate that she could fulfill all essential functions of her job, and her disability discrimination claim failed.
Civil procedure — jurisdiction

Where the plaintiffs allege that fees collected by state actors were unconstitutional and seek restitution, the circuit court has jurisdiction to hear arguments for and grant restitution.
Civil procedure — directed verdict

Where the circuit court improperly excludes multiple relevant pieces of evidence from the plaintiff and then grants a directed verdict for the defendant, the directed verdict cannot be proper.
Fourth Amendment — suppression, state-directed search

Where police officer was present when medical staff directed defendant to spit out item he was concealing, and item ultimately led to defendant’s indictment for possessing automatic weapon, medical staff did not act as agents of police officer.