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Articles Posted in Appellate Procedure

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Illinois Appellate Court Decides Real Estate Partnership That Unraveled

In 1981, two doctors entered into a partnership agreement to buy an office building in which they would house their separate medical practices. Each partner contributed an equal sum of money to buy the building and agreed to share equally the cost of maintaining and operating it. In spite of…

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Illinois Appellate Court Outlines Procedure for Objection and Request for Mistrial

In a lawsuit and jury trial in which the defendant, Mel Richard Krumske, admitted liability causing injury to the plaintiff, Kevin Burkhamer, Burkhamer’s attorney asked on direct examination whether the defendant ever called the plaintiff to “apologize” for causing the crash. Krumske’s attorney then immediately objected and requested a mistrial.…

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Illinois Appellate Court Rules That a Denied Request for a Substitution of Judge as a Matter of Right Was Not a Final and Appealable Order

In the majority opinion given in a substitution of judge denial and subsequent appeal, the Illinois Appellate Court held that the denial of a motion for substitution of judge for cause is not a final order. The court cited the case of In re Marriage of Nettleton, 348 Ill.App.3d 961…

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U.S. Court of Appeals Finds No Personal Jurisdiction in Illinois Under the Minimum State Contacts Analysis

The U.S. Court of Appeals for the 7th Circuit in Chicago has found an Illinois resident did not establish the minimum state contacts for a case to be heard in the U.S. District Court for the Northern District of Illinois in Chicago. William Kipp purchased a ski ticket at Devil’s…

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Illinois Appellate Court Distinguishes Unit-Judgment Rule in Wrongful Death Case

It has long been law in Illinois that, “a judgment against two or more defendants, whether in contract or tort, was indivisible, and could neither be vacated by a trial court or reversed by a reviewing court as to one defendant alone, even though it was not erroneous as to…

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Wisconsin Chief Justice Denied Injunction that Would Have Restored Her to Chief Justice Post

A federal judge has denied Wisconsin Supreme Court Justice Shirley Abrahamson an injunction that would have restored her to the chief justice post she lost after a referendum in April 2015. U.S. District Judge James Peterson ruled that there was no irreparable harm in keeping Justice Patience Roggensack in the…

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Injured Motorcyclist Barred From Recovery Because of Release Signed by Plaintiff

Cynthia DeCornmier suffered serious injuries when she fell from her motorcycle on a motorcycle training course. Before the beginning of the training course, DeCornmier signed a release of all claims that may have resulted from or arising out of her participation in the training course. The release document stated in…

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Illinois Supreme Court Rules That Material Misrepresentation on Renewal Application of Legal Malpractice Insurance Policy Would Allow Rescission Even if the Insured was Innocent of the Misrepresentation

The Illinois Supreme Court has reversed the Illinois Appellate Court in a case centering on an application for legal malpractice insurance. In this case, one of the partners of the law firm of Tuzzolino and Terpinas (T&T) filled out a renewal form for legal malpractice with ISBA Mutual for himself…

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Illinois Appellate Court Denies Recovery in Unjust Enrichment Case

In 1986, Nina Willoughby operated a small business in which she sold retail clothes in a rented store. That year, she and Louis Fideli took out a $315,000 loan and purchased the store with other properties. The store property was kept solely in Fideli’s name. However, in 2003, Willoughby missed…

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Illinois Appellate Court Affirms Jury’s Verdict in Truck Crash on Icy Indiana Highway

The Illinois Appellate Court has affirmed a defense verdict in a multi-vehicle crash on an icy Indiana highway that caused severe injuries to motorists. The big issue in the case was which state’s law should be applied at a Cook County Circuit Court jury trial. On Dec. 26, 2007, Clifford…

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