Deloris Ali v. Robert Shaw, 1

481 F.3d 942, 25 I.E.R. Cas. (BNA) 1666, 2007 U.S. App. LEXIS 6788, 2007 WL 861114
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 23, 2007
Docket06-1800
StatusPublished
Cited by28 cases

This text of 481 F.3d 942 (Deloris Ali v. Robert Shaw, 1) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deloris Ali v. Robert Shaw, 1, 481 F.3d 942, 25 I.E.R. Cas. (BNA) 1666, 2007 U.S. App. LEXIS 6788, 2007 WL 861114 (7th Cir. 2007).

Opinion

KANNE, Circuit Judge.

Deloris Ali was fired from her job at the Cook County Board of Review. She brought a three-count complaint against the Board and against one of the commissioners of the Board, Robert Shaw. The district court granted summary judgment to the defendants on all counts. The plaintiff appeals the decision on the third count against Shaw individually. We affirm.

I. BACKGROUND

Because this appeal comes to us after a grant of summary judgment in favor of the defendant, we will recount the facts in the light most favorable to Ali, the non-moving party. Tanner v. Jupiter Realty Corp., 433 F.3d 913, 915 (7th Cir.2006). Deloris Ali worked at the Cook County Board of Review for approximately fourteen years before the events that ultimately led to this lawsuit. She amassed a nearly flawless work record during that time. Robert Shaw was elected as a commissioner of the Board around 1998 and lost his bid for reelection in the primary election of March 2004.

Ali was fired for insubordination very shortly after Shaw lost the primary. We should note that our task to recount the facts in the light most favorable to Ali becomes a challenge at this point because some aspects of the testimony simply do not add up. The relevant deposition testimony of five major actors in this drama can be summarized as follows. Ali claims that she never had any interaction with Shaw in the aftermath of his election loss. Shaw agrees that he and Ali did not exchange any words over the election loss. But three other Board employees paint a different picture. Ali’s supervisor, Char-liemae Towbridge, provided deposition testimony that Shaw approached her and requested that she transfer Ali because Ali had made some comments to Shaw which celebrated his election defeat. Joseph Berrios, another commissioner along with Shaw, indicated that Shaw had approached him to request that the Board terminate Ali for insubordination. Thaddeus Maka-rawicz testified that Berrios informed him that the Board would be terminating Ah for insubordination at the request of Shaw. What complicates our consideration of this case is that both Shaw and Ali deny that the alleged insubordination, in the form of *944 Ali reveling in Shaw’s election loss, ever occurred. In fact, Shaw denies having any idea why Ali was fired or taking part in any decision along those lines.

There is no way to reconcile all of these various versions of the events. But because we must view them in the light most favorable to Ali, we will assume that (whatever her personal views on the primary elections) she did not outwardly revel in Shaw’s election defeat. We will also assume that Shaw did initiate the Board’s-action to fire her for insubordination and that the Board acted on his request. Under this view of the facts, we must assume, without deciding, that Shaw’s testimony that he never asked the Board to fire Ali was self-serving and false. 2 Ali alleged in her complaint that “the real reason for the termination was Shaw’s belief that the Plaintiff was rejoicing in his election defeat.” Because she testified that she had engaged in no such rejoicing, we will also assume that Ali is pleading that Shaw erroneously believed that she had been rejoicing in his defeat.

The facts become clear again after this point. Ali was quickly reassigned to another floor. As soon as Berrios was informed of Shaw’s desire, Ali was terminated. The stated reason for her termination was insubordination. She filed a multiple-count lawsuit alleging violation of her First Amendment right of free speech, tortious interference with an employment contract, and tortious interference with prospective economic advantage. The district court granted the defendants’ motion for summary judgment on all counts. Ali appeals only the decision with respect to tortious interference with prospective economic advantage.

II. Analysis

We review an appeal of summary judgment de novo. Lee v. Keith, 463 F.3d 763, 767 (7th Cir.2006). At summary judgment, a party is entitled to judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c). The only claim that remains on this appeal is a common law tort action under the laws of Illinois. When resolution of an issue depends on state law, we must apply the law that would be applied in this context by the state supreme court. Goetzke v. Ferro Corp., 280 F.3d 766, 773 (7th Cir.2002).

To succeed in an action for tortious interference with prospective economic advantage under Illinois law, the plaintiff must prove: (1) the plaintiffs reasonable expectation of a future business relationship; (2) the defendant’s knowledge of that expectation; (3) purposeful interference by the defendant that prevents the plaintiffs legitimate expectations from ripening; and (4) damages. Fellhauer v. City of Geneva, 142 Ill.2d 495, 154 Ill.Dec. 649, 568 N.E.2d 870, 877-78 (1991).

An at-will employee can show a reasonable expectation of future economic advantage. Id. at 878. The parties agree that in Illinois there is a rebuttable presumption that at-will employment will con- *945 tinue as long as both parties desire that the economic relationship remain in place. Cashman v. Shinn, 109 Ill.App.3d 1112, 65 Ill.Dec. 625, 441 N.E.2d 940, 944 (1982) (“[B]oth parties to the at-will contract must be willing and desirous of continuing it in order for the action to lie when the contract is at-will.”). However, as the defendants note, by March 30 one party did not want the employment relationship to continue — otherwise she would not have been fired.

Ali correctly argues that it cannot be the case that there is never a reasonable expectation of continued economic advantage anytime an employer decides to fire an at-will employee. To accept such a theory would eviscerate the holdings of Cashman and Fellhauer that an at-will employee has at least a chance to prove a cause of action. Ali argues that this requires Shaw to put forward some proof (other than the Board’s decision to fire her) that the Board no longer desired her services. In the absence of such proof, she argues, the presumption of continued employment is not rebutted.

Resolving this requires that we return to Fellhauer and consider it in light of the relationship between Shaw, Ali, and the Board of Review. Although Ali correctly cites to Fellhauer as the controlling Illinois case, the full extent of Fellkauer’s holding dooms her argument here. In Fellhauer,

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481 F.3d 942, 25 I.E.R. Cas. (BNA) 1666, 2007 U.S. App. LEXIS 6788, 2007 WL 861114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deloris-ali-v-robert-shaw-1-ca7-2007.