Attorneys from Storino Ramello and Durkin successfully defended an Elmhurst civilian background investigator in Cook County Circuit Court.  The jury in the case returned a “no liability” verdict.  The plaintiff had sought over $4,000,000 in damages for defamation and related claims.

 

The Defendant, Michael Lappe, worked as a civilian background investigator for the City of Elmhurst.  The Plaintiff, Amanda Reid, worked as a Cook County Sheriff’s Office correctional officer.  She had submitted an application to the city to become a police officer.  She also submitted an employment application to become a police officer to the Village of Hoffman Estates.  In her employment application to Elmhurst, she omitted any reference to two prior employers where she had been asked to resign in lieu of termination.  Michael Lappe discovered these omissions during his background investigation.  Responding to a request for information, Mr. Lappe provided a copy of the Background Investigation Report he authored to the Cook County Sheriff’s Office.  The background investigator for the Village of Hoffman Estates, also disclosed to Cook County Sheriff’s Office that Ms. Reid had likewise omitted any reference to the two prior employers in her application to the village.

 

The disclosures prompted the Cook County Sheriff’s Office to investigate Ms. Reid regarding the omissions in her original employment application to Cook County.  The county charged her with conduct unbecoming a correctional officer for the omissions in employment applications.  Ms. Reid claimed that Mr. Lappe’s Background Investigation Report was false and defamatory. 

 

Ms. Reid sued for defamation per se, false light invasion of privacy, tortious interference with economic expectancy and tortious interference with contract.  The matter was tried over six days before a jury with the Honorable Judge Thomas M. Donnelly presiding.  Storino Ramello and Durkin partner, Andrew Y. Acker, along with associates, Michael R. Durkin and Adam R. Durkin, successfully defended the case that resulted in a “no liability” jury verdict on all counts. 


By Andrew Acker March 20, 2025
Andrew Acker, a partner at Storino Ramello and Durkin, recently represented the City of Rolling Meadows in an appeal to the Illinois Supreme Court. On March 20, 2025, the Illinois Supreme Court entered its decision in the sales tax misallocation case of Village of Arlington Heights v. City of Rolling Meadows, 2025 IL 130461, finding in favor of Rolling Meadows and reversing the appellate court’s decision. Arlington Heights brought an action against neighboring Rolling Meadows to recover over $1 million of sales tax revenue generated by a business located within Arlington Heights that had been collected and paid for more than eight years by the Illinois Department of Revenue to Rolling Meadows. The Circuit Court granted Rolling Meadows’ motion to dismiss for lack of subject matter jurisdiction. By way of the Illinois Supreme Court’s ruling, the municipalities of this State were provided with a bright-line rule related to sales tax misallocation cases between two municipalities: based upon the plain and unambiguous language contained in the Retailers’ Occupation Tax Act, the Illinois Department of Revenue provides the sole remedy for sales tax misallocation as a six- (6- ) month look back reimbursement except in situations where there is a rebate agreement entered after June 1, 2004. In the absence of a rebate agreement entered after June 1, 2004, the Circuit Courts of this State lack subject matter jurisdiction over claims asserted by one municipality against another municipality for recovery of misallocation of sales tax revenues. In this case, because there was not a rebate agreement involved, the Village of Arlington Heights’ claims seeking reimbursement from Rolling Meadows were properly dismissed as the Cook County Circuit Court lacked subject matter jurisdiction over the village’s claims.
By Paula . October 3, 2024
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