11 results for 'judge:"Cates"'.
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
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
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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
On a certified question from the lower court, J. Cates rules that a tenant in common does not have a legal right to take oil and gas from a common property without the permission of the cotenants. Similarly, the owner of a one-half interest in a mineral estate does not have an unfettered right to remove and market the minerals from the estate without permission from the cotenants.
Court: Illinois Appellate Court, Judge: Cates, Filed On: September 13, 2023, Case #: 220206, Categories: Energy, Property
J. Cates finds that the lower court properly dismissed the trust's claims against the bank group on its claims for forgery and wire fraud, but improperly dismissed its unjust enrichment claim in a suit stemming from an adverse possession action over mineral rights. Illinois law recognizes unjust enrichment as an independent cause of action. Reversed in part.
Court: Illinois Appellate Court, Judge: Cates, Filed On: September 11, 2023, Case #: 210381, Categories: Property, Tort
[Consolidated.] J. Cates-Harman grants summary judgment to the Army Corp of Engineers in this appeal for permitting requirement compensation on its contract to design and build a 600-member Army Reserve Center near Waldorf, Charles County, Maryland. The plain language of the contract clearly states that the contractor was responsible for permits. The contractor cannot shift unexpected costs to the government under a constructive change theory as it cannot show that additional work was ordered. Rescinded unilateral modifications were mistakenly issued, with the government overpaying $418,406. The Army Corps of Engineers is entitled to recoup this.
Court: Armed Services Board Of Contract Appeals, Judge: Cates-Harman, Filed On: August 11, 2023, Case #: 62972, Categories: Government, Military, Contract
J. Cates finds that the lower court properly convicted defendant of unlawful possession of cannabis and being a felon in possession of a firearm. The prosecutor did not commit misconduct by referring to a prior investigation of the defendant by police during closing arguments. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: June 20, 2023, Case #: 190426-B, Categories: Firearms, Prosecutorial Misconduct
J. Cates finds that the lower court properly convicted defendant of 16 counts of criminal sexual abuse of his daughter. The trial court did not improperly allow evidence of defendant's alleged abuse of another girl, because it showed a similar pattern of behavior during the same time period as the abuse alleged in this case. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: June 12, 2023, Case #: 210260-U, Categories: Evidence, Sex Offender