Krislov's update

[cdillon]

(Information from Federal Court Appeals)


From: Michalene@krislovlaw.com
CC: Clint@krislovlaw.com, Ken@krislovlaw.com
Sent: 12/11/2014 3:23:43 P.M. Central Standard Time
Subj: Retiree update-battle report to clients-




Arguments yesterday at the federal court of appeals were contentious to be sure, But may be going in a direction we would like. We had a very nice showing of perhaps 80-90 retirees, who packed the gallery but didn’t seem intimidating. The arguments are up on the court’s audio site: click on it and listen:

http://media.ca7.uscourts.gov/sound/ext ... 0_2014.mp3


The panel of judges were very engaged, and challenging.
Judge Easterbrook (the male voice more aggressively challenging)seems leaning towards having these issues decided by the state court, either certifying the issues to the Illinois state supreme court, coordinating or just putting another stay on the case pending decisions on two other cases pending (Matthews-a union-CTA case before the Illinois supreme court, as well as M&G Polymers-a union and erisa case before the US Supreme Court) which even the city said had nothing to do with ours. Judge Diane Sykes is the female judge and David Hamilton (relatively less confrontational than Judge Easterbrook) complete the panel.

The court has ordered both us and the City to provide a supplementary brief within 7 days on the issue of how the case relates to Matthews and M&G Polymers, and what the court should do (among the choices: 1-certifying the issues to the Illinois Supreme Court for a declaration of Illinois law, 2-stripping the federal claims and remanding the case back down to the Illinois State circuit court, 3-staying the case for those decisions, or 4-something else, which we would also recommend reversing and sending back down to the district court to have the city file an answer, in which it would have to respond to all of the facts in our complaint). We’ll post a copy of the brief when we file it.

We’re glad to answer any questions you may have.

I hope you will be pleased with the arguments I made, and (while I know everyone is shopping for family at this time) consider additional contributions.




In January, you will mostly all be receiving premium refunds from the reconciliation of the 2013 settlement year through June 30, 2013, and hope you will consider contributing some of those to the war chest.

The battle continues!

Clint Krislov
Krislov & Associates, Ltd.
Civic Opera Building, Suite 1300
20 North Wacker Drive
Chicago, Illinois 60606
Telephone: 312-606-0500
Facsimile: 312-739-1098
Website: www.krislovlaw.com
Email: clint@krislovlaw.com