16 results for 'judge:"Hyman"'.
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: Criminal Procedure, Bail
J. Hyman finds that the lower court improperly convicted defendant of constructive possession of a handgun by a felon. Defendant was pulled over for "driving while black," having done nothing to warrant a stop, let alone being placed in handcuffs and having his car fully searched. The record contains "nothing" that would allow a trier of fact to find that defendant knew a handgun was embedded into the bottom of the driver's seat of a borrowed car. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 29, 2024, Case #: 220970, Categories: Firearms, Search
J. Hyman finds that the lower court improperly denied defendant's request for pretrial release on charges of reckless homicide. The state fails to acknowledge the pretrial service's recommendation that defendant be released with monitoring, or defendant's cooperation with the investigation. The state has therefore failed to show that there is no condition with which it can mitigate the threat of releasing defendant before trial. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 19, 2024, Case #: 232245, Categories: Bail, Vehicular Homicide
J. Hyman finds that the lower court properly found the doctor guilty of medical malpractice by failing to properly intubate a patient, causing permanent brain damage. The court correctly instructed the jury that it needed to unanimously find the doctor was negligent, but did not need to be unanimous as to which one of his acts constituted the negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 8, 2024, Case #: 230134, Categories: Jury, Medical Malpractice
J. Hyman finds that the lower court improperly found the crime-fraud exception to attorney-client privilege applicable to alleged defamatory conduct by attorneys in this suit where a law firm published the results of its investigation into its client's financial governance, finding that its former pastor had misappropriated church resources to fund an extravagant lifestyle. The pastor presented no evidence showing the church sought advice from its attorneys with the intent to defame him, and extending the crime-fraud exception to this kind of claim would risk deterring clients from seeking legal advice. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 1, 2024, Case #: 230089, Categories: Fraud, Privilege, Legal Malpractice
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J. Hyman improperly convicted defendant of being an armed habitual criminal based on video surveillance evidence. The scant evidence shown in the videos does not establish probable cause to search defendant's car. This case is remanded to give defendant an opportunity to litigate a motion to suppress. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: February 9, 2024, Case #: 220830, Categories: Evidence, Firearms, Search
J. Hyman finds that the lower court improperly found that the Illinois Department of Revenue has exclusive jurisdiction over the village's claims seeking reimbursement of over $1 million of sales tax revenue that the Department improperly sent to a neighboring city. A trial court has jurisdiction in straightforward sales tax disputes that do not require agency expertise. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: January 12, 2024, Case #: 221729, Categories: Tax, Jurisdiction
J. Hyman finds that the lower court improperly denied the allegedly tortured man's petition to replace the special prosecutor appointed to investigate the claims due to a conflict of interest. The man's statement to detectives, although it did not acknowledge guilt, contained other incriminating statements and therefore qualifies as a "tortured confession." As a supervisor of the felony review unit in the Cook County State's Attorney's Office, the special prosecutor initiated the criminal prosecution of the man years ago and, in addition, failed to disclose his relationship with the detective accused of torture, warranting his removal. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 220372, Categories: Civil Procedure, Prisoners' Rights
J. Hyman finds for the hospital in a medical malpractice suit because the patient failed to call an expert witness to establish the hospital had deviated from the standard of care when it punctured her left atrium while performing heart surgery. The deposition testimony of the two doctors involved in her surgery does not enunciate a standard of care. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 230078, Categories: Experts, Medical Malpractice
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. 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. 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. Hyman finds that the lower court properly found the city contractors cannot be held liable for a woman's injuries on an elevated sidewalk because they followed the requirements of the city's plans and instructions. Further, the city inspected and approved their work. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: June 12, 2023, Case #: 220266, Categories: Negligence, Contract
J. Hyman finds that the lower court properly ruled for the pet food company on consumer fraud allegations stemming from its failure to disclose that its "Redford Naturals" wet cat food failed to state that it contained whole flaxseed along with ground flaxseed. The consumer cannot show that the omission of whole flaxseed as an ingredient was material. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: June 12, 2023, Case #: 220151, Categories: Fraud, Consumer Law
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