Employment law — unfair labor practice

Posted January 27, 2022 11:20 AM

Where plaintiffs allege the terms and conditions of their employment have been unilaterally changed and they have suffered from unfair labor practices, the exclusive jurisdiction to hear such claims vests with the Illinois Labor Relations Board.The 4th District Appellate Court vacated the decision of Adams County Circuit Judge Scott Douglas Larson.Illinois Gov. J. B. Pritzker issued COVID-19 Executive Order No. 88 (Order 88) on Sept. 3, 2021, requiring staff at state-owned or operated congregate facilities to be vaccinated …

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Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
Social Security — detail of ALJ opinion

Where social security claimant argued ALJ included insufficient amount of medical record in decision, panel rejected argument, finding that summary was enough to support ALJ’s reasoning.
Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.