Wisconsin court sets argument date for stay-at-home lawsuit
Featured Legal News
The Wisconsin Supreme Court announced Friday that it will hear oral arguments early next week in a lawsuit seeking to block Democratic Gov. Tony Evers’ stay-at-home order.
The justices ruled 6-1 to accept the case and scheduled oral arguments for Tuesday morning via video conference. The arguments are expected to last at least 90 minutes.
The ruling said the court will consider whether the order was really an administrative rule and whether Palm was within her rights to issue it unilaterally. Even if the order doesn’t qualify as a rule, the court said it will still weigh whether Palm exceeded her authority by “closing all ‘nonessential’ businesses, ordering all Wisconsin persons to stay home, and forbidding all “nonessential’ travel.’”
Conservatives hold a 5-2 majority on the court. Liberal Justice Rebecca Dallet cast the lone dissenting vote. The ruling didn’t include any explanation from her.
Evers initially issued the stay-at-home order in March. It was supposed to expire on April 24 but state Department of Health Services Secretary Andrea Palm extended it until May 26 at Evers’ direction.
The order closed schools, shuttered nonessential businesses, limited the size of social gatherings and prohibits nonessential travel. The governor has said the order is designed to slow the virus’ spread, but Republicans have grown impatient with the prohibitions, saying they’re crushing the economy.
Republican legislators filed a lawsuit directly with the conservative-controlled Supreme Court last month challenging the extension. They have argued that the order is really an administrative rule, and Palm should have submitted it to the Legislature for approval before issuing it.
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Can my trucking injury case be filed in Illinois?
If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.
There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:
-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois
This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.
If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.