319 results for 'court:"Illinois Appellate Court"'.
J. Oden Johnson finds that the lower court properly ruled that the village did not have to provide health insurance for a pensioner's wife that he married four years after he was injured in the line of duty. The pensioner is not entitled to change from individual to family medical insurance because such status was not applicable when his certification was made. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 26, 2023, Case #: 220350, Categories: Health Care, Pensions
J. Moore finds that the lower court improperly found for the injured plaintiff in a motor vehicle negligence suit after barring admission of impeachment evidence and testimony regarding her medical expert. Plaintiff relied heavily on the expert's testimony during closing arguments, so the failure to allow a full cross-examination of the expert was prejudicial to the defendant's case. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 26, 2023, Case #: 220289, Categories: Vehicle, Negligence, Experts
J. Martin finds that the lower court improperly held the village in contempt for alleged violation of a court injunction prohibiting it from interfering with the property owners rights. The court improperly shifted the burden of proof to the village without the property owners first meeting their burden of showing the village infringed on their property rights. Vacated.
Court: Illinois Appellate Court, Judge: Martin, Filed On: May 25, 2023, Case #: 211580, Categories: Contempt, Property, Sanctions
J. Davenport finds that the lower court improperly granted the homeowner's motion to vacate the court's prior order directing the county clerk to issue a tax deed to the petitioner. The petitioner properly published notice of the 2016 tax sale in the Herald News, even though it is not published in Crete, Illinois where the homeowner resides. The record established that no newspaper was published in Crete, so the petitioner could properly publish in a county newspaper. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 25, 2023, Case #: 220226, Categories: Civil Procedure, Foreclosure
J. Walker finds that the lower court properly applied the Joint Tortfeasor Contribution Act to set off a portion of the employees' settlement with their employer against a potential judgment in a different case. The court reasonably found that if the employees obtained a judgment against the car rental company in the different case, it would be entitled to a setoff of 30 percent of the total settlement. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 2201018, Categories: Tort, Damages
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J. Walker finds that the lower court properly dismissed a class action against the insurer for violating the Illinois eavesdropping statute. The insured was not a party to the conversation between its attorney and the insurer, so the insurer's recording of its conversation with the attorney did not injure the insured. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 220601, Categories: Communications, Class Action
J. Schostok finds that the lower court properly dismissed a wife's intentional infliction of emotional distress claims based on her husband's hiring of investigators to conduct surveillance of her for over three years. The Illinois Domestic Violence Act does not provide victims a private right of action. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: May 24, 2023, Case #: 220086, Categories: Emotional Distress
J. Hyman finds that the lower court properly dismissed the woman's second amended trip-and-fall suit because she failed to correctly identify the location of the accident in her first two filings. Therefore, the second amended complaint does not "relate back" to the original complaint, it could not have given the transit agency adequate notice of her claims, and it is untimely. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: May 22, 2023, Case #: 220791, Categories: Civil Procedure, Tort
J. McHaney finds that the lower court improperly terminated the father's parental rights. The state failed to conduct a diligent inquiry to locate the father as required for service by publication, and in fact, the state failed to even attempt to serve the father by personal service or certified mail despite knowing a recent address. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 22, 2023, Case #: 230012, Categories: Civil Procedure, Family Law
J. Lavin finds that the lower court properly determined the District had to pay the former firefighter's health insurance premiums because he met the requirements of showing he suffered a catastrophic injury - cancer - resulting from his response to fires that exposed him to chemicals, fertilizers, and radiation. The firefighter is not required to prove that his exposure to these carcinogens was the sole cause of his cancer. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: May 22, 2023, Case #: 220879, Categories: Health Care, Insurance, Pensions
J. Mikva finds that the Board improperly fired a courtroom deputy for his conduct during an incident where a female detainee was sexually assaulted in the courthouse bathroom by two male detainees. The sheriff never presented evidence that the sexual assault actually occurred, only that the detainees were in the restroom cell together. Further, there is no basis for finding that the deputy placed the male detainees in the bathroom, as the only testimony describes the deputy who did so as a white man, but the deputy is Black. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: May 19, 2023, Case #: 220320, Categories: Employment
J. O'Brien finds that the lower court properly convicted defendant of a DUI, but improperly convicted him of obstructing justice for refusing to provide a blood and urine sample. Defendant's refusal to submit to medical testing does not amount to concealment within the meaning of the obstructing justice statute, as he took no action to place his blood or urine out of sight but remained seated in a hospital laboratory. Reversed in part.
Court: Illinois Appellate Court, Judge: O'Brien, Filed On: May 18, 2023, Case #: 128170, Categories: Obstruction, Dui
J. Holdridge finds that the lower court properly upheld the department's decision to suspend the doctor's medical license for 18 months after he entered into a $900,000 malpractice settlement for the death of a patient following a lipoplasty procedure. There is no basis for the doctor to claim that he did not receive due process during the department's procedure.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: May 16, 2023, Case #: 220095, Categories: Administrative Law, Medical Malpractice
J. Birkett finds that the lower court properly awarded the check casher $1500, the amount of a check it cashed after the payee had already electronically deposited the check with his bank. The check casher was a holder in due course and not subject to any discharge under the Uniform Commercial Code. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: May 16, 2023, Case #: 220291, Categories: Banking / Lending
J. Navarro finds that the lower court properly granted the lender's claims seventh highest priority in a distribution of assets from the estate of an insurer undergoing liquidation. The lender's award of attorney fees, costs and interest were correctly assigned to priority level (g) for claims of a general creditor. Affirmed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 12, 2023, Case #: 211370, Categories: Bankruptcy, Insurance
J. Hettel finds that the lower court properly found for the city in a trip and fall suit stemming from a woman's accident on a pedestrian bridge. Google Earth photos showing a visible gap between the concrete and pavers on the bridge do not qualify as constructive notice to the city, and were inadmissible because they were provided to the court without authentication. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: May 11, 2023, Case #: 220105, Categories: Tort, Negligence, Technology
J. Hettel finds that the lower court improperly convicted defendant of a DUI after denying his motion to dismiss on speedy-trial grounds. The state's delay caused defendant to be tried more than 160 days after he filed his speedy-trial demand, so his speedy-trial rights were violated. Reversed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: May 11, 2023, Case #: 210462, Categories: Dui, Speedy Trial
J. Harris finds that the lower court properly convicted defendant of criminal sexual assault and sentenced him to 10 years in prison. The trial judge did not side with the prosecution by asking several questions of witnesses, nor did they err by relying on matters outside the record when determining defendant's sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 9, 2023, Case #: 220384, Categories: Sentencing, Sex Offender