Local governmental entities not entitled to absolute immunity when a hazardous recreational activity is involved
By Joy A. Roberts
Local Government Law,
October 2006
On July 5, 2006 the Illinois Supreme Court issued a unanimous decision that when a hazardous recreational activity is involved, local governmental entities and their employees are held to a higher standard of care; therefore, pursuant to section 3-109 of the Tort Immunity Act, they are immune from liability for negligence, but subject to the exceptions found in section 3-109(c) of the Act. Murray v. Chicago Youth Center, et al., 2006 WL 1822656 (Ill. 2006).
Willful and wanton failure to prevent a crime of domestic violence: Partial or absolute immunity?
By Joy A. Roberts
Local Government Law,
May 2005
On permissive interlocutory appeal, the First District held Section 305 of the Illinois Domestic Violence Act of 1986 supercedes Sections 4-102 and 4-107 of the Tort Immunity Act, and authorizes civil cause of action against law enforcement authorities for willful and wanton misconduct associated with a failure to prevent a crime against a victim of domestic violence.
Supreme Court limits rights of illegal aliens in U.S. workplace
By Joy A. Roberts & Vickie Gillio
Administrative Law,
October 2002
In a recent precedent-setting case, the U.S. Supreme Court held the National Labor Relations Board (NLRB) does not have discretion to award backpay to an illegal alien who was never legally authorized to work in the United States, as it would unduly infringe upon explicit statutory prohibitions critical to federal immigration policy, as expressed in the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. 1324a.
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