318 results for 'court:"Illinois Appellate Court"'.
J. Cates finds that the lower court improperly granted the state's petition to deny defendant's pretrial release on bail. Defendant was arrested and detained before the effective date of the Safety, Accountability, Fairness and Equity-Today Act, so the state's petition was untimely. Reversed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: November 13, 2023, Case #: 230698, Categories: Criminal Procedure, Bail
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: Criminal Procedure, Bail
J. Rochford finds that the lower court properly denied the mother's request to vacate an order prohibiting her from copying the transcripts from her abuse/neglect hearing and sharing them on social media. The state has a compelling interest in protecting the children's' privacy and preserving the nondisclosure of their identities in this proceedings. Further, the publication of the transcripts could potentially exacerbate the emotional harm already suffered by the children due to their mother's neglect. Affirmed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: November 9, 2023, Case #: 231349, Categories: Family Law, Technology
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: Administrative Law, Education, Employment
J. Mullen grants the clinic's motion to dismiss a woman's slip and fall suit. The woman's complaint was untimely filed, as the automated system rejected the initial filing because her attorney failed to include his Illinois attorney registration number as required. There is no legitimate excuse for this attorney error. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: November 7, 2023, Case #: 230088, Categories: Civil Procedure
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J. Steigmann finds that the lower court properly terminated the mother's parental rights to her three children. The mother failed to address her drug and alcohol abuse issues during the nine months the children were removed from her care due to her substance abuse. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: November 3, 2023, Case #: 230509, Categories: Family Law
J. Brennan finds that the lower court properly granted immunity to police officers who failed to prevent the murder of a witness leaving the courthouse whom they knew was under a death threat. The performance of courthouse security is subject to absolute immunity, and there are no facts that would support a finding that the estate could cure the defect in its pleadings. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: November 1, 2023, Case #: 230035, Categories: Immunity, Police Misconduct
J. Oden Johnson finds that the lower court properly denied the star athlete's motion for reconsideration of its order permitting a minor plaintiff to pursue sex assault charges under a fictitious name. The record is insufficient to evaluate the trial court's decision, so this court cannot find an abuse of discretion. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 29, 2023, Case #: 230867, Categories: Civil Procedure, Tort
J. Mitchell finds that the lower court properly dismissed a speech-language pathologist's civil rights suit against her former employer. The employee did not actually suffer any adverse employment action after a disciplinary meeting to address her attendance abuse and insubordination. Further, the employee was always provided a private room to pump breastmilk as required by the Nursing Mothers in the Workplace Act. This private space is not required to be in close proximity to the employee's workspace. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: October 27, 2023, Case #: 221092, Categories: Employment, Employment Retaliation
J. Tailor finds that the lower court properly ordered the Journal of American Medical Association to produce a privilege log and found that the subject documents concerning the journal's decision not to publish a researcher's original article are not protected under a common law peer review privilege because no such privilege exists under Illinois law. However, the journal's internal communications are nonetheless protected, as there is no merit to the contention that the FDA somehow pressed the journal not to publish the article. Affirmed in part.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: October 27, 2023, Case #: 221666, Categories: Health Care, Public Record
J. Mikva finds that the lower court properly denied the contractor's request for postjudgment interest and attorneys fees after an arbitrator awarded the contractor $41,000 in a dispute with homeowners over the construction of a custom home. While the contractor was successful in arbitration, its subsequent litigation has not been successful or changed the outcome of this case in any substantial way, so it cannot be considered the prevailing party entitled to attorney's fees. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: October 27, 2023, Case #: 220973, Categories: Damages, Attorney Fees, Contract
J. Peterson finds that the lower court improperly found for the hospital in a medical malpractice action stemming from a baby's severe brain injury due to lack of oxygen during the labor and delivery process. Due to the specific rules the hospital placed on the doctor regarding medical decision-making, the mother raised a genuine issue of fact as to whether the doctor was the hospital's implied agent. Reversed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: October 26, 2023, Case #: 220008, Categories: Tort, Medical Malpractice
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: Tort, Vehicle, Workers' Compensation
J. Howse finds that the lower court improperly ruled that the insurer could not sue a subcontractor for water damage to a new building as a subrogee for the building owner. While the policy was issued to the general contractor, the building owner is listed as an additional named insured and the policy expressly extends the right to subrogate for all insured parties. Reversed.
Court: Illinois Appellate Court, Judge: Howse, Filed On: October 24, 2023, Case #: 230147, Categories: Insurance, Contract
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, Jury Instructions
J. Hyman finds that the lower court improperly found for the insurer, in a suit filed by; condo owners against the condo association after the condo's insurance limit was not sufficient to cover fire damage to the building. The court granted the insurer a declaratory judgment, ruling that the policy bars coverage for a prior insured's failure to "establish or maintain adequate reserves." However, there is no precedent for finding that "insurance" and "cash reserves" are functionally equivalent. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: October 20, 2023, Case #: 220804, Categories: Insurance, Contract
J. Oden Johnson finds that the lower court properly awarded attorney fees to the car dealership after it compelled the parties to arbitration. Plaintiff's attorney filed three motions to reconsider which were not well-grounded in fact and appeared to be an effort to harass the dealership or delay the proceedings. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 20, 2023, Case #: 221590, Categories: Arbitration, Attorney Fees
J. Welch finds that the lower court properly denied the employer's motion to transfer venue in an employment retaliation suit. While the vast majority of the worker's employment was in Washington County where the company's plant in located, a majority of witnesses to his accident and termination reside in St. Clair County. Affirmed.
Court: Illinois Appellate Court, Judge: Welch, Filed On: October 18, 2023, Case #: 220687, Categories: Employment Retaliation, Workers' Compensation
J. Davenport finds that the lower court properly awarded the man statutory attorney fees after his Freedom of Information Act suit prompted the city to produce the requested documents. On the record, filing a lawsuit was reasonably necessary to obtain the requested documents, but the court acted within its discretion by reducing the requested amount of $62,000 to $20,000. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: October 17, 2023, Case #: 220392, Categories: Public Record, Attorney Fees
J. Fitzgerald Smith finds that the lower court properly ordered defendant, who has a history of mental illness, committed to a mental institution after he threw a brick at a 71-year-old woman, striking her in the back and fracturing her vertebrae. The law does not provide for good time credit to be applied to defendants found "not not guilty" and subject to involuntary commitment. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: October 16, 2023, Case #: 220252, Categories: Sentencing, Commitment
J. Albrecht finds that the lower court improperly ruled for the car dealership in a suit alleging that the owner demanded her employer fire her after she returned a vehicle and discharged the debt in bankruptcy. The evidence raises a question of fact about whether the owner leveraged his relationship with the employer to secure the woman's termination. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: October 13, 2023, Case #: 220324, Categories: Tort
J. Doherty finds that the lower court properly convicted defendant of murder after allowing him to proceed pro se despite his mental health issues and noncompliance with medication. The court conducted a full evidentiary hearing on the matter of defendant's competence and reasonably relied on its observations of defendant in addition to expert testimony. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: October 13, 2023, Case #: 220797, Categories: Competence, Murder, Self Representation
J. Hoffman finds that the lower court properly dismissed an employee's discrimination suit against the hospital based on its rejection of her request for a religious exemption to the employer's policy requiring prove of a Covid-19 vaccination. The Illinois Health Care Right of Conscience Act protects employers from discrimination claims for policies intended to prevent contraction or transmission of Covid. It does not matter if the vaccine actually works to protect recipients, just that it is intended to provide protection against the virus's transmission. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 12, 2023, Case #: 230740, Categories: Health Care, Covid-19, Employment Discrimination
J. Schostok finds that the lower court improperly limited the employee's award of attorneys fees after he prevailed on the claim that his employer failed to pay him earned commissions for work completed under his contract. The court should not have limited its fee award to only one of the complaint's for counts. Reversed in part.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: October 11, 2023, Case #: 230030, Categories: Employment, Attorney Fees, Contract
J. Coghlan finds that the lower court properly found for the county, which denied the convicted murderer's request for 35 autopsy photographs of his victim. The county did not act in bad faith when it found the photos exempt from disclosure out of respect for the personal privacy of the victim's privacy. This interest far outweighs the claim that the photos could prove the convicted man's innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: October 10, 2023, Case #: 211656, Categories: Public Record
J. Vaughan finds that the lower court properly convicted defendant on drug charges after denying his motion to suppress statements made during his police interview. Defendant's statement that "I'm not saying nothing right now though" did not clearly invoke his right to remain silent. In context of the whole conversation with police, it expressed his desire to speak off of the record as a condition of his cooperation. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: October 10, 2023, Case #: 180537, Categories: Drug Offender, Evidence, Self Incrimination
J. Lavin finds that the lower court properly found defendant guilty of being an armed habitual criminal. The state established that defendant possessed a firearm with two prior qualifying felonies, and police have reasonable suspicion to frisk and search him for weapons during a traffic stop. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: September 29, 2023, Case #: 200917, Categories: Firearms, Search
J. Oden Johnson finds that the lower court improperly convicted defendant of murder and in connection with the death of a seven-year-old in a gang shooting. Defendant did not knowingly and intelligently waive his right to counsel in this case. After repeatedly asking for an attorney for almost 24 hours, defendant "did not so much change his mind as give up." Therefore, the lower court erred in admitted defendant's confession to his gang affiliation, and the fact that the location of the shooting was in the territory of a rival gang. Reversed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: September 29, 2023, Case #: 200304, Categories: Miranda, Murder, Self Incrimination