11 results for 'judge:"Mikva"'.
J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: Venue, Medical Malpractice
J. Mikva finds that the board properly determined the firefighter is not entitled to a non-duty disability pension. The firefighter had less than seven years of creditable service with his last pension fund, so he is not entitled to a non-duty disability pension. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: February 9, 2024, Case #: 230565, Categories: Pensions
J. Mikva finds that the lower court improperly found for the therapy practice on the basis that suicide is an independent act by the decedent that precludes liability. On the contrary, a mental health provider can be held liable when treated an outpatient clinic for a suicide that is proximately caused by the provider's failure to act within the standard of care. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: December 22, 2023, Case #: 221736, Categories: Health Care, Tort
J. Mikva finds that the lower court improperly denied the pension fund's request to revive a judgment lien after seven years. A judgment creditor may record a revived judgment as a new lien on a debtor's property after the expiration of seven years. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: November 22, 2023, Case #: 230574, Categories: Debt Collection, Property
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
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J. Mikva finds that the lower court properly awarded the therapist fees and costs in this suit asserting work-product privilege covered personal notes he took during his treatment of a medical doctor. The department violated the law by insisting on the production these notes when the doctor sought reinstatement of his medical license. Sovereign immunity does not apply to this fee award because the therapist sought to enjoin a state actor from engaging in unlawful conduct. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: August 28, 2023, Case #: 220990, Categories: Administrative Law, Privilege, Attorney Fees
J. Mikva finds that Sears' insurance broker cannot be held liable for Sears' alleged breach of contract with a mall in Puerto Rico that was damaged by Hurricane Maria in 2017. The mall claims it was forced to pay $20 million to make repairs, despite its clear right to require Sears' insurance to pay for the repairs. However, there is no evidence the insurance broker was aware of Sears' obligations under the lease agreement or was actively advising Sears during the period in question as to compliance with the terms of the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: July 21, 2023, Case #: 221352, Categories: Insurance, Contract
J. Mikva finds the sentencing court improperly sentenced defendant to 100 years in prison for a murder committed when he was 16 years old. After the United States Supreme Court held that mandatory life sentences without parole for juvenile offenders violate the eighth amendment, the case was remanded, and the same de facto life sentence of 100-years was imposed. The judge was predisposed on remand to impose the same sentence, failing to give fair consideration to youth-based sentencing factors or to the full range of sentences now available under the new sentencing scheme for juveniles. Reversed and remanded with directions.
Court: Illinois Appellate Court, Judge: Mikva , Filed On: June 30, 2023, Case #: 1-22-0035, Categories: Juvenile Law, Murder, Sentencing
J. Mikva finds that the lower court improperly denied a father's motion for leave to file a third amended complaint in a suit stemming from a fatal police shooting. There appears to be new information about the shooting that was not included in the record, including footage from body-worn police cameras and witness testimony from other passengers in the car. Reversed in part.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: June 9, 2023, Case #: 220245, Categories: Civil Procedure, Civil Rights
J. Mikva finds that the lower court properly convicted defendant of criminal sexual assault and kidnapping, and sentenced him to 22 years in prison after allowing his victim, an adult with intellectual disabilities, to testify via closed-circuit TV. This expansion of special procedures originally extended to child victims is not unconstitutional because the state has a reasonable interest in protecting the psychological welfare of vulnerable citizens. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: June 9, 2023, Case #: 200966, Categories: Confrontation, Constitution, Sex Offender
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