8 results for 'judge:"Cates"'.
J. Cates finds that the lower court improperly denied the trust's motion to dissolve two injunctions directing the trust to hold proceeds arising from the sale of land in a separate account until it provides information about the terms of the sale. The court failed to hold an evidentiary hearing before ruling on this motion, and never determined that defendant had a clearly defined right that required protection.
Court: Illinois Appellate Court, Judge: Cates, Filed On: July 1, 2024, Case #: 240094, Categories: Civil Procedure, Trusts, Restraining Order
J. Cates finds that the lower court improperly modified the parties' parenting plan to give the mother additional time with the children. The court should not have entered an "agreed parenting plan and judgment" when the parties clearly still contested certain issues. In addition, the mother failed to notify the father or the court that she was relocating out of state, so the court was unable to consider the impact of the relocation of the children. Reversed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: June 28, 2024, Case #: 240238, Categories: Family Law
J. Cates finds the lower court properly found in favor of an attorney in this matter of legal malpractice and properly denied a property owner’s motion for judgment notwithstanding the evidence. The property owner retained the attorney for guidance related to a proposed real estate development project. The attorney testified that he told the property owner that he did not believe developing the property on his own was a wise business venture, and that he explained the pros and cons of incorporating the project to limit the property owner’s exposure to liability. But the property owner says he was never advised on incorporation or on a pipeline easement that ran through the property, as supported by evidence, that the court should enter a judgment in his favor, and that he should be granted a new trial for damages. The instant court finds that the evidence presented was subject to interpretation, and will not second guess the findings of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: April 8, 2024, Case #: 220818, Categories: Real Estate, Negligence, Legal Malpractice
J. Cates finds that the lower court properly convicted defendant of attempted murder, after defendant knowingly and voluntarily waived his right to counsel. There were no significant changes during the trial that required re-admonishments of the risks of proceeding pro se. Further, defendant forfeited the issue of whether the state made improper remarks during closing arguments. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: March 1, 2024, Case #: 220008, Categories: Murder, Prosecutorial Misconduct, Self Representation
J. Cates finds that the lower court properly found for the doctor in a medical malpractice suit stemming from a patient's death. The court did not err in allowing the defense expert to opine regarding other possible causes of the patient's death. His testimony that the patient could have died of stroke was based upon the patient's medical history and not mere speculation. Further, it correctly refused to admit the patient's death certificate into evidence as the cause of death listed on the certificate was an opinion of the coroner, but not based on any postmortem examination. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: February 20, 2024, Case #: 220552, Categories: Experts, Wrongful Death, Medical Malpractice
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J. Cates finds that the Commission properly directed GridLiance to apply for a certificate of public convenience and necessity after finding that it met the definition of a public utility. As an owner of transmission assets in Illinois, the company may be considered a public utility under the Public Utilties Act based on the transmission of electricity. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: January 26, 2024, Case #: 230073, Categories: Administrative Law, Energy
J. Cates finds that the lower court properly found defendant's continued pretrial detention necessary under the Safety, Accountability, Fairness and Equity Today Act. Defendant was charged with sexual assault, and the court reasonably found he poses a real and present threat to the victim, other minors, and the community. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: December 8, 2023, Case #: 230881, Categories: Sex Offender, Bail
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