Ferris, Thompson, and Zweig, LTD. v. Esposito
2014 IL App (2d) 130129
Ill. App. Ct.2014Background
- Ferris Thompson & Zweig, Ltd. sued Esposito for breach of a referral-fee contract after two workers’ comp cases settled for $4,554.19.
- The contract provided 45% of fees to Ferris and 55% to Esposito; Ferris never received payment.
- Plaintiff attached the agreement and client affidavits showing roles: Ferris performed ancillary tasks; Esposito handled claims before the Industrial Commission.
- Esposito moved to dismiss arguing exclusive Commission jurisdiction over attorney-fee disputes under 16a(J) of the Act.
- The circuit court denied the motion and, after trial, ordered Esposito to pay Ferris the owed fees with interest.
- The issue on appeal is whether the circuit court properly exercised jurisdiction versus the Commission under the Workers’ Compensation Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court lacked subject-matter jurisdiction. | Ferris asserts jurisdiction lies in circuit court for contract breach, not fee disputes before the Commission. | Esposito contends 16a(J) requires Commission resolution of any attorney-fee disputes. | Circuit court correctly refused to dismiss; retained jurisdiction. |
Key Cases Cited
- Cohen v. McDonald’s Corp., 347 Ill. App. 3d 627 (2004) (2-619 review; jurisdiction principles)
- Hagemann v. Illinois Workers’ Compensation Comm’n, 399 Ill. App. 3d 197 (2010) (de novo review of statutory construction; jurisdiction matters)
- Blum v. Koster, 235 Ill. 2d 21 (2009) (statutory interpretation guiding legislative intent)
- In re Marriage of Earlywine, 2012 IL App (2d) 110730 (2012) (purpose and interpretation of statutes; pari materia)
- Abruzzo v. City of Park Ridge, 231 Ill. 2d 324 (2008) (construction of statutory language; legislative intent)
- City of Chicago v. Fair Employment Practices Comm’n, 65 Ill. 2d 108 (1976) (administrative agency limits; statutory authority)