9 results for 'judge:"Tailor"'.
J. Tailor finds that the lower court properly upheld the village hearing officer's decision to deny a recycling company's request for additional relocation expenses after its property was taken by the village through eminent domain. The village reasonably obtained and based its payment decision on more than one estimate, paying the company $748,000 for relocation expenses. There is no evidence that the hearing officer had any bias against the company, or that he failed to consider relevant evidence. Affirmed.
Court: USDC Southern District of New York, Judge: Tailor, Filed On: March 8, 2024, Case #: 230641, NOS: All Other Real Property - Real Property, Categories: Administrative Law, Property
J. Tailor finds that the lower court improperly granted the mother's petition on behalf of her daughter for an order of protection against the father on the basis of alleged sexual abuse. The trial court's decision to question the 18-year-old girl in camera about her preference regarding allocation of parental responsibility violated the father's due process rights, as he was prevented from challenging her credibility through cross-examination. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: February 23, 2024, Case #: 230935, Categories: Family Law, Due Process
J. Tailor finds that the lower court properly found Chicago police breach its duty to protect a woman from her live-in boyfriend, who came back and killed her after police responded to a domestic violence call. Though the evidence shows the boyfriend was suffering an acute mental health crisis, it also supports a finding he acted knowingly and his actions satisfy the definition of "abuse." The city cannot avoid liability under the Illinois Domestic Violence Act based on officers' perception that the man's actions were not criminal. The jury reasonably awarded the estate $3 million in damages. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: January 5, 2024, Case #: 221232, Categories: Family Law, Damages, Wrongful Death
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. 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
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J. Tailor finds that the lower court properly convicted defendant of unlawful use of a weapon by a felon and sentenced him to 7.5 years in prison. The evidence was sufficient to support the conviction and the court's use of his prior conviction to enhance his sentence was not impermissible. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 28, 2023, Case #: 211557, Categories: Firearms, Sentencing
J. Tailor finds that the lower court properly found for the city in a Freedom of Information Act suit related to its recycling program records. There is no evidence that any of the “missing” third-party hauler reports actually exist. Rather, it appears that the city has not enforced the requirement that all third-party private haulers submit an annual report. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 220154, Categories: Municipal Law, Public Record
J. Tailor finds that the lower court improperly convicted defendant of murder of her five-month-old daughter under a theory of accountability. The judge erred by relying on her own understanding of domestic violence. A reasonable jury could find the mother not liable based on the boyfriend's history of domestic violence, which caused her to fear he would do her great bodily harm if she intervened to protect the child. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 160498, Categories: Murder, Domestic Violence
J. Tailor finds that the lower court improperly dismissed a law firm's breach of fiduciary duty claim against a former associate attorney on its claim that he accepted compensation from another employer while still employed with the plaintiff firm and took thousands of confidential documents with him prior to his departure. Reversed in part.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: June 9, 2023, Case #: 220273, Categories: Trademark, Fiduciary Duty