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Articles Posted in Appellate Procedure

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Dismissal with Prejudice of Case Without Choice of Law Clause in Contested Agreement Leaves Open Issue; Illinois Appellate Court Reverses

Larry Fabian was hired in 2001 by Cantor Fitzgerald to be a broker at the Chicago Mercantile Exchange. In 2007, he was transferred to BGC, which was a spinoff company of Cantor Fitzgerald. In 2008, Fabian was named as a partner of “Founding Partner No. 69.” According to Fabian, he…

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Solving Health-Care Liens Remains in Question after Illinois Appellate Court Decision; Appellate Districts are in Conflict

In a recent Illinois Appellate Court case, the issue was whether to deduct attorney fees and litigation expenses from the personal-injury settlement amount or judgment before calculating the 40 percent maximum that hospitals and doctors are entitled to receive as their share of lawsuit proceeds under Illinois’ Health Care Services…

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Illinois Appellate Court Allows Defendants to Answer Plaintiff’s Complaint After Start of Trial

The general rule in Illinois, under Section 2-610(b) of the Illinois Civil Procedure, “every allegation, except allegations of damages, not explicitly denied is admitted.” In this case, the defendant chose not to file an answer before the start of the trial. The question for the appellate court was: “Are the…

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Illinois Appellate Court Finds That Automatic Transfer of a Juvenile to an Adult Court Based on the Offense or the Record and Background of a Defendant is not in Violation of the U.S. Constitution’s Eighth Amendment or the Illinois Constitution

On Sept. 27, 2011, Darius Young, who was 15 at the time, participated in a dice game on a Chicago street with several individuals. One of them, Daniel Glen, who was in a wheelchair, won all of Young’s money during the game; however, he began to suspect that another individual,…

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Illinois Appellate Court Affirms Injured Party’s Failure to Preserve Appeal

In a car crash case in which the plaintiff claimed injury, the jury found for the defendant, and the plaintiff appealed. The appellate court found that the plaintiff had not preserved the appealed issues and affirmed the decision of the jury and the trial court in favor of the defendant.…

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Illinois Appellate Court Finds that Failure to Perfect Subrogation Rights Does Not Allow for Equitable Tolling of the Statute of Limitations

The Illinois Appellate Court has answered a certified question that was brought to it from a circuit court judge. In this case, Michael McGrath owned a home designed and built by Patrick Plunkett Architectural Design Ltd. and insured by American Family Insurance Co. McGrath filed an insurance claim on Aug.…

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U.S. Court of Appeals Dismisses an Appeal on the Question of Federal Diversity Jurisdiction

The U.S. Court of Appeals for the 7th Circuit in Chicago has dismissed an appeal from a U.S. District Court judge. In an extremely sad case, Robert Lindner’s parents, Burton and Zorine Lindner, were driving under a bridge near north suburban Glenview, Ill., when a Union Pacific freight train derailed…

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Illinois Appellate Court Reverses Dismissal of Asbestos-Injured Employee

James Folta had stopped working at Ferro Engineering 41 years before he was diagnosed with peritoneal mesothelioma. He claimed that while working for Ferro Engineering he was exposed to “tremendous amounts of airborne asbestos fibers.” According to the lawsuit, Folta knew that exposure to asbestos dust was dangerous, but Ferro…

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$5.66 Million Jury Verdict for Injured at Collapsed Self-Storage Unit

Stephen Wolkoff, 65, rented a self-storage unit from Sunshine Storage Inc. There was a loft storage unit above Wolkoff’s storage unit. The floor of the loft comprised the ceiling of Wolkoff’s storage unit. When Wolkoff was inside his unit, the ceiling above him collapsed crushing him beneath 3,000 pounds of…

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Specific Details are Required for Allegations of Fraud Under the Illinois Consumer Fraud Act

The 7th Circuit Court of Appeals in Chicago has affirmed the dismissal of a fraud case in the U.S. District Court for the Northern District of Illinois. Patrick Camasta filed a lawsuit against Joseph A. Bank Clothiers Inc. claiming that prior to making purchases at the company’s far north suburban…

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