Int'l Union v. Ill. Dept. Emp. Security

50 Citing cases

  1. Winnebago Cty. Citizens v. Cty. of Winnebago

    383 Ill. App. 3d 735 (Ill. App. Ct. 2008)   Cited 19 times
    Observing an association's standing to sue on behalf of its members "depends in substantial measure on the nature of the relief sought" and finding while individual testimony might be taken from nearby property owners to establish some facts in the case, this did not establish a substantial need for the individual members' participation and did not bar associational standing, particularly in light of the fact that the only relief sought by the associations did not involve monetary damages

    The trial court denied the motion to dismiss as to counts III and IV, but granted the motion as to counts I and II. In a memorandum of decision issued on March 7, 2007, the trial court stated that, under the doctrine of associational standing adopted in International Union of Operating Engineers, Local 148 v. Department of Employment Security, 215 Ill. 2d 37 (2005), WCCCG did not have standing to bring suit on behalf of its members, because a majority of the members did not have standing to sue individually. The trial court further found that the La Salle claim in count II must be dismissed because an analysis of this claim would not involve pure questions of law and thus would require the participation of individual members in the suit.

  2. Guns Save Life, Inc. v. Raoul

    2019 Ill. App. 4th 190334 (Ill. App. Ct. 2019)   Cited 15 times

    Winnebago County Citizens for Controlled Growth v. County of Winnebago , 383 Ill. App. 3d 735, 740, 322 Ill.Dec. 433, 891 N.E.2d 448, 454 (2008). Having first developed in federal law, associational standing was recognized by the Illinois Supreme Court in International Union of Operating Engineers, Local 148, AFL-CIO v. Illinois Department of Employment Security , 215 Ill. 2d 37, 293 Ill.Dec. 606, 828 N.E.2d 1104 (2005). The court discussed the concept of associational standing as enunciated by the United States Supreme Court in Warth v. Seldin , 422 U.S. 490, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) :

  3. Ill. Rd. & Transp. Builders Ass'n v. Cnty. of Cook

    2021 Ill. App. 190396 (Ill. App. Ct. 2021)   Cited 3 times

    See 735 ILCS 5/2-619(a)(9) (West 2018); Glisson v. City of Marion, 188 Ill. 2d 211, 220 (1999). ¶ 16 A complaint need not allege facts establishing standing. International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security, 215 Ill. 2d 37, 45 (2005). In Illinois, lack of standing is an affirmative defense, placing the burden on the defendant to "plead and prove lack of standing."

  4. Deerpath Consol. Neighborhood Ass'n v. Lake Cnty. Bd. of Review

    2018 Ill. App. 2d 180244 (Ill. App. Ct. 2018)   Cited 2 times

    Moreover, in 2005, our supreme court adopted the doctrine of associational standing, as articulated in Hunt, in the course of recognizing a labor union's right to file an administrative review action on behalf of its members. International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security, 215 Ill. 2d 37, 51 (2005). According to the court, the doctrine "serves important functions in the vindication of the rights of members of associations and in the preservation of scarce judicial resources."

  5. 520 South Michigan Avenue Associates v. Deptartment of Employment Security

    404 Ill. App. 3d 304 (Ill. App. Ct. 2010)   Cited 26 times
    Noting the administrative agency was “under no legal obligation” to give “explicit reasons” for rejecting the ALJ's recommendation and issuing a decision based on its “independent assessment of the record evidence”

    "The Unemployment Insurance Act provides that judicial review of the Director's decision must accord with the Administrative Review Law." International Union of Operating Engineers, Local 148 v. IllinoisDepartment of Employment Security, 215 Ill. 2d 37, 61, 828 N.E.2d 1104 (2005), citing 735 ILCS 5/3-101 et seq. (West 1994). "Under the Administrative Review Law ( 735 ILCS 5/3-101 et seq. (West 2000)), we review the final decision of the administrative agency and not the decision of the circuit court."

  6. People for a Safer Soc'y v. Vill. of Niles

    2018 Ill. App. 180147 (Ill. App. Ct. 2018)

    A defendant may raise the plaintiff's lack of standing as an affirmative matter defeating the plaintiff's claim, although the burden lies with the defendant to prove the plaintiff's lack of standing. International Union of Operating Engineers, Local 148, AFL-CIO v. Illinois Department of Employment Security, 215 Ill. 2d 37, 45 (2005). "Under Illinois law, a plaintiff need not allege facts establishing standing."

  7. Ill. Rd. & Transp. Builders Ass'n v. The Cnty. of Cook

    2022 IL 127126 (Ill. 2022)   Cited 12 times

    ¶ 12 Because it is an affirmative defense, it is defendant's burden to plead and prove lack of standing. International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security, 215 Ill.2d 37, 45 (2005) (citing Chicago Teachers Union, Local 1 v. Board of Education of the City of Chicago, 189 Ill.2d 200, 206 (2000)). Lack of standing avoids the legal effect of or defeats the plaintiffs claim.

  8. Deerpath Consol. Neighborhood Ass'n v. The Lake Cnty. Bd. of Review

    2021 Ill. App. 2d 190985 (Ill. App. Ct. 2021)

    Id. ¶ 26. We concluded that the dispute over standing hinged on application of the associational-standing doctrine (see generally Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977); International Union of Operating Engineers, Local 148, AFL-CIO v. Illinois Department of Employment Security, 215 Ill.2d 37 (2005)) and that the record did not contain sufficient information to apply that doctrine.

  9. Sunnyside Elgin Apartments, LLC v. Miller

    2021 Ill. App. 2d 200614 (Ill. App. Ct. 2021)   Cited 2 times

    Rather, "lack of standing is an affirmative defense, placing the burden on the [party moving to dismiss] to 'plead and prove lack of standing.'" Id. (quoting International Union of Operating Engineers, Local 148 v. Illinois Department of Employment Security, 215 Ill.2d 37, 45 (2005)). We review de novo the dismissal of a complaint for lack of standing.

  10. Shoub Props., LLC v. Vill. of Glen Ellyn

    2021 Ill. App. 2d 200342 (Ill. App. Ct. 2021)

    Further, as we have determined that dismissal on all other counts was appropriate, except for counts III and IV, we address only whether Citizens had standing to assert counts III and IV. ¶ 66 Lack of standing is an affirmative matter that may be asserted in a motion pursuant to section 2-619(a)(9) of the Code. 735 ILCS 5/2-619(a)(9) (West 2006); International Union of Operating Engineers, Local 148 v. Department of Employment Security, 215 Ill.2d 37, 45 (2005). In a motion to dismiss brought under section 2-619, the movant may go beyond the allegations of the complaint and assert affirmative matters that would defeat the plaintiff's claim.