322 results for 'court:"Illinois Appellate Court"'.
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
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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
J. Walker finds that the lower court properly dismissed the debtor's due process claims stemming from the lender's service of process in its attempt to collect on a debt. The debtor participated in this litigation for years without raising any objections to jurisdiction, indicating he waived his objections.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 29, 2023, Case #: 220067, Categories: Debt Collection, Due Process
J. Ellis finds that the lower court properly dismissed defendant's post-conviction claims of ineffective assistance of counsel. Due process does not require the lower court entertain defendant's objection to his counsel's performance in amending the postconviction petition at the second stage. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: September 29, 2023, Case #: 211301, Categories: Ineffective Assistance, Sex Offender
J. Mitchell finds that the lower court properly dismissed a wife's complaint against her now ex-husband's law firm alleging the firm aided and abetted a fraudulent transfer of $13.6 million. The wife's claims are time-barred by the two-year statute of limitations, and her divorce judgment contains a covenant not to sue. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: September 29, 2023, Case #: 220723, Categories: Family Law
J. Walker finds that the lower court improperly awarded the petitioner $55,000 in attorney fees pursuant to a statutory lien. The attorney could not claim a lien on the settlement proceeds because the plaintiffs did not hire him to represent them. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 27, 2023, Case #: 211323, Categories: Tort, Attorney Fees
J. Lampkin finds that the lower court improperly awarded a man $18 million after finding that the trucking company was the shipping broker's agent at the time of the accident. The evidence overwhelmingly shows that the driver and trucking company were not the broker's agents as the broker exercised little to no control over the company's drivers. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 27, 2023, Case #: 220633, Categories: Tort, Negligence
J. Kennedy finds that the lower court improperly denied defendant's motion to withdraw her guilty plea. Defense counsel was operating under an actual conflict of interest in arguing the motion to withdraw, so she is entitled to new postplea proceedings. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: September 27, 2023, Case #: 220312, Categories: Plea
J. Hutchinson finds that the lower court properly convicted defendant of threatening a public official for sending threatening electronic messages to two probation officers through a jail kiosk system. Probation officers are public officials under the definition of the crime because their office is established by statute and the discharge a public duty. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: September 26, 2023, Case #: 220288, Categories: Threats
J. Fitzerald Smith finds that the lower court properly convicted defendant of being an armed habitual criminal and sentenced him to eight years in prison. The evidence was sufficient to convict him beyond a reasonable doubt of knowingly possessing a firearm. There is no merit to his claim that the Supreme Court's recent decision in New York State Rifle & Pistol Association v. Bruen renders the state's armed career criminal laws unconstitutional. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzerald Smith, Filed On: September 25, 2023, Case #: 200435, Categories: Constitution, Firearms
J. Hyman finds that the lower court improperly ruled for Airbnb in a personal injury suit stemming from a man's permanent injury when a railing gave way on a porch deck of a home booked by a friend through the rental service. The man had nothing to do with booking the property on Airbnb, so the arbitration provision in the site's terms of service does not apply to him. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 22, 2023, Case #: 230356, Categories: Arbitration, Contract
J. Tailor finds that the lower court improperly convicted defendant of sexual abuse of a minor. Defendant did not put his intent at issue in this case, admitting that he slept in the same bed with the minor but denying that he had any physical contact with him, so the state was not permitted to offer evidence of other wrongful acts to establish his intent. Defendant is entitled to a new trial. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: September 15, 2023, Case #: 220427, Categories: Intent, Sex Offender, Child Victims
J. Hyman finds that the lower court finds that the lower court improperly convicted defendant of armed robbery, after police stopped a man walking in the vicinity of the crime simply because he was Black and sweating, like he had been running recently. With absolutely no physical description of the suspect, the officer lacked reasonable suspicion to stop a man solely because he was sweating on a warm evening. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 15, 2023, Case #: 151965-B, Categories: Robbery, Search
J. Hyman finds that the lower court properly denied the hospital a new trial in a medical malpractice suit where the patient was awarded $49 million because doctors failed to recognize a sepsis infection following his gallbladder surgery. The hospital failed to show it was prevent from eliciting witness testimony that would have changed the outcome of the trial. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 15, 2023, Case #: 221430, Categories: Discovery, Medical Malpractice
J. Lampkin finds that the lower court properly denied the former correctional officers' challenge to the composition of the Cook County Sheriff's Merit Board, which decided to fire the officers because they witnessed another officer's use of excessive force against an inmate and failed to intervene. This complaint is barred by the de facto officer doctrine because the officers did not challenge the Board's authority before it took substantive action in their cases. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 13, 2023, Case #: 221376, Categories: Administrative Law, Employment
On a certified question from the lower court, J. Cates rules that a tenant in common does not have a legal right to take oil and gas from a common property without the permission of the cotenants. Similarly, the owner of a one-half interest in a mineral estate does not have an unfettered right to remove and market the minerals from the estate without permission from the cotenants.
Court: Illinois Appellate Court, Judge: Cates, Filed On: September 13, 2023, Case #: 220206, Categories: Energy, Property
J. Cobbs finds that the lower court properly found the mother neglected her 16-year-old son. The mother was physically aggressive, failed to complete offered services, left him alone overnight on multiple occasions, and was verbally abusive to him due to the teen's sexual orientation. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: September 12, 2023, Case #: 230059, Categories: Family Law