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Articles Posted in Appellate Procedure

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Illinois Appellate Court Holds When More Than Two Years Have Passed After Decedent’s Death, Mortgagee May Not Initiate a Foreclosure

Thomas Topal owned real estate in Benld, Ill., when he died on March 15, 2017.  The mortgage on the property was held by First National Bank in Staunton, Ill. In February 2020, Associated Bank N.A. (Associated) acquired First National Bank and succeeded it as mortgagee. On Oct. 22, 2020, just…

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Cook County Circuit Court Judge Rejects Hyland Illinois Prejudgment Interest Ruling

Judge Marcia Maras ruled in May 2022 that the prejudgment interest statute passed by the Illinois legislature was unconstitutional. However, another law division judge gave notice on July 20, 2022, stating that the motions on constitutional issues can and should be decided by the trial judge. In a written order…

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Illinois Supreme Court Remands Truck Injury Lawsuit for Review for Judicial Admission

The Illinois Supreme Court held that it lacked appellate jurisdiction to review a trial court order because the order was not final. In this matter, the plaintiff, Clifton Armstead, was a semi-truck driver working for a Pennsylvania-based company. Armstead was injured in Illinois by another semi-truck operated by Derrick Roberts.…

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Illinois Appellate Court Answers Two Questions Related to Suing a Deceased Defendant

On May 11, 2018, Alyce L. Richards and Joshua T. Wilson were involved in a car crash. Richards was injured and Wilson died. On May 6, 2020, Richards filed a lawsuit, five days before the statute of limitations expired, alleging that the crash was caused by Wilson’s negligence. Richards was…

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Illinois Appellate Court Affirms Trial Court in Implied Right of Action Case

Mary Perry Carmichael was an employee at Union Pacific Railroad Co. (UPRC).  In that capacity, she was being transported by Professional Transportation Inc. (PTI) in a van when it was hit by a vehicle driven by Dwayne Bell. Carmichael filed a lawsuit against UPRC, PTI and Bell; the suits against…

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U.S. Court of Appeals Affirms Denial of Lawsuit Regarding $3 Million Estate to Homeless Individual

Katherine Black sued two defendants for defamation and intentional infliction of emotional distress. Ultimately, the trial did not go as she had expected; the jury rejected her claims. On appeal, she argued that her trial was riddled with errors. She requested that the U.S. Court of Appeals for the 7th…

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Illinois Appellate Court Affirms General Verdict for Defendant in Wrongful Death, Survival Action Case

The Illinois Appellate Court has affirmed the general verdict in a second jury trial. The first jury trial resulted in a hung jury. The plaintiff’s decedent had been admitted at a young age to multiple nursing homes and hospitals with an incurable, fatal neurodegenerative disease. The estate for the plaintiff…

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Illinois Appellate Court Affirms Dismissal Based on Statute of Limitations for Counterclaim

Susan Danzig and Carla Davis, plaintiffs, attended a student play put on by the Professional Theater and Dance Youth Academy (dance academy) at the Woodlawn facility at The University of Chicago Charter School Corp. (charter school) on Feb. 24, 2017. While there, the plaintiffs were instructed to sit on a…

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Illinois Appellate Court Affirms Open-and-Obvious Doctrine Unavailable in Elevator Door Case

Robert Greenhill, the plaintiff, was a sprinkler fitter for a construction project when he was injured at work by a freight elevator. While he was entering the elevator, another passenger pressed the “door close” button and the elevator gate descended, striking Greenhill. The Illinois First District Appellate Court held that…

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Illinois Appellate Court Reverses $3.2 Million Jury Verdict in Asbestos Case

The Illinois Appellate Court for the Fourth District has overturned a $3.2 million jury verdict against a manufacturer in an asbestos death case. The appeals panel found that there was not enough evidence to show that a glazier’s contact with caulk and tape was a substantial factor in Willard Krumwiede’s…

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