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NELA-IL 7th Cir. Conference
2/20/12. The theme of this year's 7th Circ. NELA conference is "Trial Practice for the Plaintiff's Employment Lawyer." We will have panels on trial checklist, evidentiary and strategic issues, opening & closing statements, direct & cross examinations, views from the bench and ethical issues arising from trial practice.
Hosanna-Tabor Church & School v. U.S. EEOC
1/11/12. Today, the U.S. Supreme Court issued a ruling in Hosanna-Tabor Church & School v. EEOC. Chief Justice Roberts delivered the opinion for a unanimous Court. The court held that the ministerial exception applied. The Court said: “What matters in the present case is that Hosanna-Tabor believes that the religious function that respondent performed made it essential that she abide by the doctrine of internal dispute resolution; and the civil courts are in no position to second-guess that assessment."
Board Election
12/15/11. NELA-IL has elected new officer. Congratulations to Antoinette Choate, President; Matt Lango, Vice President; Libby Hubbard, Treasurer; and Dana Kurtz, Secretary. Thank you to our previous officers for all of their work and effort.
Powers v. USF Holland
12/15/11. In a pre-ADA amendment case, the Seventh Circuit held that a truck driver was disabled within the ADA. This was because while he was unable to to work as a city driver (due to the extra loads required), he was capable of long-haul driving.
Reliable Fire Equipment Company v. Arredondo
12/2/11. The Illinois Supreme Court reaffirmed the legitimate business interest requirement three prong test to determine enforceability of restrictive covenants not to compete. Likewise, the Court held that the Kolar two-factor test "is no longer valid."
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Brown Bag
1/17/12. We will have our next brown bag CLE on Tuesday, Jan. 17. We will discuss the pilot project on form discovery in employment-discrimination case, which the Federal Rules Advisory Committee recently approved. As usual, it will be held at noon in the Monadnock Building (53 W. Jackson Blvd.) in the 8th Floor conference room. Pizza, salad, soda, and candy will be provided.
Coleman v. Donahoe
1/6/12. The 7th Cir. reversed summary judgment which had been granted for the defendant, explaining that the similarly-situated inquiry is flexible, common-sense, and factual. A reasonable jury could infer, in light of all the circumstances, that an impermissible animus motivated the firing. Plaintiff's evidence could also demonstrate pretext.
Pickett v. Sheridan Health Care Ctr.
12/15/11. The 7th Circuit stated that a contingency fee agreement should not affect Title VII fee shifting awards, and therefore held that the district court abused its discretion in reducing plaintiff's attorney's claimed hourly rate.
IL Pattern Jury Instruction Available Online
12/8/11. Chief Justice Kilbride and the Illinois Supreme Court announced another step to provide better public access to legal information and to improve the efficiency of lawyers practicing in Illinois: Illinois Pattern Jury Instructions, for both civil and criminal cases, will be available on the website of the Supreme Court. Find them at the link below.
Michael Lefkow Memorial Fund
In memory of our brother and friend, Michael Lefkow, the Michael Lefkow Memorial Fund has been established through Amalgamated Bank. Its purpose is to carry out litigation and educational work in Michael's name on behalf of government employees and victims of workplace unfairness and discrimination. Contributions may be mailed or wire transferred to Amalgamated Bank. For further information, contact Kay Zilka, Senior VP, Amalgamated Bank, Chicago.
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