324 results for 'court:"Illinois Appellate Court"'.
J. Reyes finds that the lower court properly found for the insurer, finding that the White Sox are not additional insureds on the ballpark cleaning service's insurance policy. There was no written agreement between the cleaning service and the White Sox requiring the White Sox to be named as additional insured under the policy, so the White Sox are not entitled to coverage by the insurer in this trip and fall suit. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: November 29, 2023, Case #: 230101, Categories: Insurance, Contract
J. Pucinski finds that the lower court properly denied the lender's motion to compel arbitration on counterclaims asserted by the car purchasers who defaulted on their payment obligations. The lender exercised its contractual right to litigate this dispute, and its choice to litigate extends to the purchasers' counterclaims. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: November 27, 2023, Case #: 221804, Categories: Arbitration, Banking / Lending, Contract
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
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J. Van Tine finds that the lower court improperly dismissed a woman's consumer fraud claims against her dentist. The Consumer Fraud Act does not bar causes of action arising from the provision of dental services, and the woman can arguably allege that billing her to complete work on a tooth the dentist had already drilled into was dental malpractice. Reversed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: November 22, 2023, Case #: 221703, Categories: Fraud, Health Care, Consumer Law
J. Mitchell finds that the lower court abused its discretion in ordering the sale of the marital residence during the pendency of this divorce action. The sale of a marital asset prior to final dissolution is appropriate only in extraordinary circumstances, and was unnecessary in the circumstances of this case. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: November 22, 2023, Case #: 221763, Categories: Family Law
J. McHaney finds that the lower court improperly re-imposed monetary bail as a condition of defendant's pretrial release. The only way monetary bail could remain a condition of defendant's pretrial release was if defendant chose to stand on the terms of his original bond, which was set before the effective date of the Safety, Accountability, Fairness and Equity-Today Act. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 21, 2023, Case #: 230723, Categories: Bail
J. McHaney finds that the lower court improperly granted the defendant's petition alleging that service of process using "drop service" in a real estate dispute was insufficient. This type of personal service can be acceptable in situations where the party to be served is unwilling to accept the paperwork. Vacated.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 20, 2023, Case #: 220731, Categories: Civil Procedure, Real Estate
J. Peterson finds that the lower court properly dismissed a citizen's claim alleging voter disenfranchisement during the April 2021 election for Glendale Heights village president, but improperly dismissed his claim alleging deviations from the election code. While the verification affidavits were mistakenly not filed with the original petition, the petition was filed within the 30-day time period as required by law. Reversed in part.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: November 16, 2023, Case #: 220446, Categories: Civil Procedure, Elections
J. Lampkin finds that the lower court properly found for the city in a trip and fall suit after the court refused the woman's ordinary negligence liability issue instruction. The evidence does not support a finding that the city conducted any activity on the premise that created the hole in the sidewalk, nor did the hole arise as part of the city's business. Therefore, the court correctly instructed the jury on premises liability rather than ordinary negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 15, 2023, Case #: 221116, Categories: Jury, Negligence
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
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: Criminal Procedure, Bail
J. Rochford finds that the lower court properly denied the mother's request to vacate an order prohibiting her from copying the transcripts from her abuse/neglect hearing and sharing them on social media. The state has a compelling interest in protecting the children's' privacy and preserving the nondisclosure of their identities in this proceedings. Further, the publication of the transcripts could potentially exacerbate the emotional harm already suffered by the children due to their mother's neglect. Affirmed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: November 9, 2023, Case #: 231349, Categories: Family Law, Technology
J. Lampkin finds that the hearing officer properly reversed the board's decision to dismiss a tenured professor after he failed to report to work for four days. The hearing officer correctly found the Board must bear the burden of proving that the professor intended to abandon his job. However, the facts don't support such a finding, as the professor testified he believed he could use his personal days during registration week to attend a funeral. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: November 8, 2023, Case #: 230285, Categories: Administrative Law, Education, Employment
J. Mullen grants the clinic's motion to dismiss a woman's slip and fall suit. The woman's complaint was untimely filed, as the automated system rejected the initial filing because her attorney failed to include his Illinois attorney registration number as required. There is no legitimate excuse for this attorney error. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: November 7, 2023, Case #: 230088, Categories: Civil Procedure
J. Steigmann finds that the lower court properly terminated the mother's parental rights to her three children. The mother failed to address her drug and alcohol abuse issues during the nine months the children were removed from her care due to her substance abuse. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: November 3, 2023, Case #: 230509, Categories: Family Law
J. Brennan finds that the lower court properly granted immunity to police officers who failed to prevent the murder of a witness leaving the courthouse whom they knew was under a death threat. The performance of courthouse security is subject to absolute immunity, and there are no facts that would support a finding that the estate could cure the defect in its pleadings. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: November 1, 2023, Case #: 230035, Categories: Immunity, Police Misconduct
J. Oden Johnson finds that the lower court properly denied the star athlete's motion for reconsideration of its order permitting a minor plaintiff to pursue sex assault charges under a fictitious name. The record is insufficient to evaluate the trial court's decision, so this court cannot find an abuse of discretion. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 29, 2023, Case #: 230867, Categories: Civil Procedure, Tort
J. Mitchell finds that the lower court properly dismissed a speech-language pathologist's civil rights suit against her former employer. The employee did not actually suffer any adverse employment action after a disciplinary meeting to address her attendance abuse and insubordination. Further, the employee was always provided a private room to pump breastmilk as required by the Nursing Mothers in the Workplace Act. This private space is not required to be in close proximity to the employee's workspace. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: October 27, 2023, Case #: 221092, Categories: Employment, Employment Retaliation
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. 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
J. Peterson finds that the lower court improperly found for the hospital in a medical malpractice action stemming from a baby's severe brain injury due to lack of oxygen during the labor and delivery process. Due to the specific rules the hospital placed on the doctor regarding medical decision-making, the mother raised a genuine issue of fact as to whether the doctor was the hospital's implied agent. Reversed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: October 26, 2023, Case #: 220008, Categories: Tort, Medical Malpractice
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: Tort, Vehicle, Workers' Compensation
J. Howse finds that the lower court improperly ruled that the insurer could not sue a subcontractor for water damage to a new building as a subrogee for the building owner. While the policy was issued to the general contractor, the building owner is listed as an additional named insured and the policy expressly extends the right to subrogate for all insured parties. Reversed.
Court: Illinois Appellate Court, Judge: Howse, Filed On: October 24, 2023, Case #: 230147, Categories: Insurance, Contract
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, Jury Instructions
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