Kirk Jenkins

Kirk Jenkins

Sedgwick LLP

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Illinois Supreme Court Agrees to Decide Whether Pension Board's Disability Finding is Preclusive in Employee Benefits Act...

In the closing days of its November term, the Illinois Supreme Court agreed to decide whether a pension board’s finding that an officer is disabled for pension purposes is preclusive of the employer’s liability for health...more

12/16/2014 - Disability Health Insurance Pensions Public Employees

Illinois Supreme Court Agrees to Decide FutureGen Clean Coal Dispute

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potentially enormous consequence to a major Illinois utility, agreeing to review an order of the Illinois Commerce Commission...more

12/16/2014 - Clean Energy Coal Electricity Utilities Sector

Illinois Supreme Court to Tackle Election Law and Sovereign Immunity on Thursday

The Illinois Supreme Court just announced that on Thursday morning, it will hand down decisions in two civil cases: Bettis v. Marsaglia, No. 117050 – “Does a plaintiff’s failure to name the Electoral Board as a party...more

12/16/2014 - Election Laws Exclusive Jurisdiction Immunity Jurisdiction Sovereign Immunity

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more

12/16/2014 - Data Collection Discovery Hospitals Medical Malpractice Negligent Credentialing Physicians

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company's Liability for Customers' Accidents

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more

12/16/2014 - Auto Insurance Automotive Industry Car Accident Self-Insurance

Illinois Supreme Court Reaffirms Narrow Scope of Retaliatory Discharge Cause of Action

Last week, the Illinois Supreme Court reaffirmed the principle that retaliatory discharge is a narrow exception to the general doctrine of at-will employment under Illinois law. Unanimously reversing the Fifth District of the...more

12/15/2014 - At-Will Employment Hiring & Firing Retaliation Termination Wrongful Termination

Illinois Supreme Court Agrees to Decide Whether Fees Must be Deducted From Health Care Settlements Before Applying Liens

In the final days of its November term, the Illinois Supreme Court allowed a petition for leave to appeal in McVey v. M.L.K. Enterprises, LLC. McVey, a case from the Fifth District, presents the following question: must...more

12/8/2014 - Appeals Attorney's Fees Bodily Injury Hospitals Liens Settlement

Illinois Supreme Court Agrees to Decide Whether a Zoo is a "Local Public Entity"

The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public...more

12/8/2014 - Public Entities Statute of Limitations

Illinois Supreme Court Agrees to Decide Whether Failing to Give Reasons in Order on Sanctions Motion is Reversible Error

In the closing days of its November term, the Illinois Supreme Court agreed to decide a simple issue with potential implications across a wide variety of civil litigation: is a trial court’s order granting or denying...more

12/8/2014 - Motion for Sanctions Reversible Error Sanctions Trial Court Orders

Illinois Supreme Court Finds All Postal Marks are Not Created Equal

On Thursday morning, a unanimous Illinois Supreme Court affirmed in Huber v. American Accounting Association. As briefed, Huber presented the question of whether a postmark was sufficient proof of timely mailing to trigger...more

12/1/2014 - Mail Mailbox Rule Postmark Service of Process

Illinois Supreme Court Reinstates Attorney General's Appeal from Illinois Commerce Commission Order

On Thursday morning, the Illinois Supreme Court resolved a confused issue in utilities law, holding unanimously in The People of the State of Illinois ex rel. Madigan v. Illinois Commerce Commission that the 35-day period...more

11/25/2014 - Administrative Appeals Appeals Public Utility

Illinois Supreme Court Holds Circuit Court Lacks Jurisdiction over Whistleblower Rate Challenge

State of Illinois ex rel. Pusateri v. The Peoples Gas Light and Coke Company presented an important question for the utilities bar: do the Circuit Courts have jurisdiction to order rate refunds on the grounds that the utility...more

11/24/2014 - False Statements Jurisdiction Utilities Sector

The Perils of Incomplete Service: The Illinois Supreme Court Debates Bettis v. Marsaglia

During its September term, the Illinois Supreme Court heard oral argument in Bettis v. Marsaglia. Bettis presents an issue of potential significance to election lawyers: is a petition for Circuit Court review from an...more

11/24/2014 - Jurisdiction Oral Argument Rules of Civil Procedure Service of Process

Much Ado About Little: Deadlocked Illinois Supreme Court Punts on Red Light Camera Ordinances

One of the most widely anticipated cases on the Illinois Supreme Court’s civil docket ended on Thursday morning with a surprise: the Court decided not to decide, dismissing the appeal in a per curiam order....more

11/24/2014 - Appeals Dismissals Red Light Cameras

Illinois Supreme Court Debates Constitutional Challenge to Rental Housing Support Program

During its September term, the Illinois Supreme Court heard oral arguments in Marks v. Vanderventer, a direct appeal from the Circuit Court after the court’s order finding the fee collection provisions of a “Rental Housing...more

11/24/2014 - Affordable Housing Appeals Filing Fees Hidden Fees Municipalities Oral Argument

Illinois Supreme Court Debates Scope of Whistleblower Statute

During the September term, the Illinois Supreme Court debated an important question about the scope of the state Whistleblower Act: does a plaintiff state a claim under the statute by alleging that the defendant falsified...more

11/20/2014 - False Reporting Utilities Sector Whistleblower Protection Policies

Illinois Supreme Court Debates Revenue Decoupling in Utility Ratemaking

During its September term, the Illinois Supreme Court debated an issue of considerable importance to the State’s utilities. People ex rel. Madigan v. Illinois Commerce Commission is a challenge brought by the Attorney General...more

11/20/2014 - Natural Gas Utility Fees

Postal Meters vs. Postmarks: Illinois Supreme Court Debates Huber v. American Accounting Association

So what’s the difference between a private postal meter, a postage label purchased at a postal service kiosk, and a postmarked stamp? The Illinois Supreme Court debated these issues with much at stake in the closing days of...more

11/20/2014 - Filing Deadlines Mail Standard of Proof USPS

Illinois Supreme Court Agrees to Decide Whether Fire District Owed Tort Duty to 911 Caller

In the closing days of its September term, the Illinois Supreme Court agreed to decide a question of potentially great import for Illinois first responders: do public entities and their employees owe a tort duty of care to...more

11/19/2014 - 911 Calls Duty of Care Firemen Municipalities Paramedics Public Entities

Illinois Supreme Court Agrees to Decide How Social Security Benefits Offset in Divorce Settlement

In the closing days of its September term, the Illinois Supreme Court agreed to decide an issue of potential importance to the domestic relations bar: how are Social Security benefits treated in a property settlement during a...more

11/18/2014 - Appeals Divorce Social Security Benefits

Illinois Supreme Court Debates Burdens of Proof for Wrongful Termination Cases

During its September term, the Illinois Supreme Court heard oral argument in a potentially important employment law case, Michael v. Precision Alliance Group, LLC. Michael poses questions about the parties’ burdens of proof...more

11/18/2014 - Adverse Employment Action Burden of Proof Employer Liability Issues Hiring & Firing Oral Argument Retaliation Wrongful Termination

Illinois Supreme Court Agrees to Decide Remedy for Unserved Notices of Violation

What happens when the City doesn’t properly serve a notice of building code violations? In the closing days of its September term, the Illinois Supreme Court agreed to decide that issue in Stone Street Partners, LLC v. City...more

11/18/2014 - Administrative Hearings Administrative Remedies Building Codes Construction Industry General Contractors Municipalities Notice of Violation

Illinois Supreme Court Agrees to Decide Whether Illinois Recognizes a Claim for Wrongful Death from Suicide

In Turcios v. The DeBruler Company, a case from the Second District, the Illinois Supreme Court agreed to decide a simply stated question: can a plaintiff state a claim for wrongful death as a result of a suicide?...more

11/18/2014 - Breach of Contract Intentional Infliction of Emotional Distress Suicide Wrongful Death Wrongful Evictions

Illinois Supreme Court Agrees to Decide Whether Trustee May Rescind Reverse Mortgage

During its September term, the Illinois Supreme Court agreed to decide an issue of importance to property and banking practitioners: is the statutory right to rescind a reverse mortgage limited to the original property owner?...more

11/18/2014 - Banks Foreclosure Rescission Reverse Mortgages Trustees

Illinois Supreme Court Agrees to Return to Pension Debates

In the closing days of its September term, the Illinois Supreme Court agreed to return once again to what surely must be the most controversial subject at the moment in all of Illinois’ civil law: public pensions. Matthews v....more

11/17/2014 - Chicago Transit Authority Pension Reform Pensions Popular Putative Class Actions Vesting

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