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Articles Posted in Civil Procedure

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Attorney’s Lien Must Be Served on the Defendant, Not Merely on the Defendant’s Attorneys

The Illinois Appellate Court has affirmed a Cook County trial judge’s order regarding the effect of an attorney’s lien notice sent to a defendant’s attorneys rather than the defendant directly. Randy Brown was the owner and operator of a Harold’s Chicken Shack in suburban Broadview, Ill., until Jan. 15, 2009.…

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Illinois Appellate Court Reinstates Product-Liability Claim Against Distributor

The Illinois appellate court has reinstated a product-liability lawsuit against a distributor in which there was a default judgment against the manufacturer of the product. In this case, the manufacturer was not subject to jurisdiction, and the plaintiff wasn’t able to satisfy the judgment. Nevertheless, the court ruled that the…

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U.S. District Court Did Not Require Subject-Matter Jurisdiction to Allow Voluntary Dismissal

The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed a decision by a United States district court judge regarding subject-matter jurisdiction and a voluntary dismissal of a complaint. Mieczyslaw Kuznar, a native of Poland, moved to the United States leaving his wife, Emilia, and his son,…

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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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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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State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway

In the early morning hours of April 19, 2010, Chantel Jobes was driving a vehicle alone and left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured and filed a lawsuit against the Norfolk Southern Railway Co., the…

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Injured Car Rental Customer Entitled to Underinsured Motorist Coverage Ahead of Rental Car Company’s Coverage

The Illinois Appellate Court has reversed a summary judgment order that was entered by a Cook County judge in favor of Safeway Insurance Co. In this case, Jeffrey and Stephanie Hadary were injured in a car crash when Carlos Velez was driving a car he rented from Hertz Corp. The…

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Cook County Circuit Court, Law Division, Launches Mandatory Arbitration Program

At the beginning of January 2015, the Law Division of the Circuit Court of Cook County, Ill., will begin its new mandatory arbitration program for certain cases. The program is targeted for cases that have value of less than $75,000. In order to file and hear a case in Law…

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New Rules of Evidence Are Needed For Authenticating Digital Evidence

All evidence is required to meet the foundation requirement of admissibility, which would include relevancy, the best evidence rule and hearsay. Under the law, the courts require authentication because before a tangible object or writing can be admitted into evidence, it must be shown that it is in fact what…

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Appeals Court Finds that Business Had No Actual or Constructive Notice of a Puddle before a Fall Injury

The U.S. Court of Appeals in Chicago has affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit against a Wal-Mart store for injuries suffered by Kristen Zuppardi. She went to the Wal-Mart store in Champaign, Ill., with her brother and her son…

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