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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Affirms $3.5 Million Wrongful Death Verdict for Failure to Communicate Violence Where Student was Shot and Killed

Tyrone Lawson, 17, was the son of the plaintiff, Pamela Wright-Young, when he  was fatally shot outside a high school basketball game.  As the administrator of her son’s estate, his mother brought this wrongful death and survival action lawsuit against the Board of Education of the City of Chicago (Board)…

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Illinois Appellate Court Finds That an Inadmissible Will by Decedent’s Clear Intent Revokes Earlier Will

Paul Oleksiuk’s legacy included an intricate probate puzzle. His 2012 will revoked his 2011 will.  He died in 2014 before finalizing a revision to a 2012 will. However, on June 9, 2017, a Cook County judge ruled that the 2012 will didn’t qualify for admission to probate because it wasn’t…

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Illinois Appellate Court Affirms Dismissal of Citations Proceeding, Finding Judgment Satisfied

The Illinois Appellate Court has affirmed the decisions of two Cook County judges related to the suit filed by SFG Capital LLC. The suit was filed against Patrick W. Kane in 2010; it was alleged that Kane defaulted on a loan. Following a consent agreement, the trial court entered a…

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Illinois Appellate Court Affirms Jury Verdict Denying Settlement Offer Based on Collateral Attack Doctrine

The Illinois Appellate Court for the First District has affirmed the jury’s verdict in a personal injury case. On Feb. 16, 2013, Joanna Tielke was bowling at a facility run by Kevin Killerman and 3124 N. Central LLC. Tielke slipped while bowling and fell, suffering a severe injury.  She filed…

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Illinois Appellate Court Highlights Legal Trend in Limiting General Personal Jurisdiction Over Nonresident Defendants Sued in Illinois Courts

In the case of Campbell v. Acme Installations Inc., highlighted in the April 2019 Illinois Bar Journal authored by Eric J. Muñoz, general jurisdiction for nonresident defendants is clarified. In the Campbell case, the plaintiff brought a lawsuit against General Electric and other companies resulting from his alleged exposure to…

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Illinois Appellate Court Reverses Dismissal of Will Contest Regarding an “Interested Person”

The day before Eugene Lay died from lung cancer in January 2016, he allegedly signed a will that revoked his 1979 will. The new will left all of his assets to Delbert Miller. However, when Beverly Kelton, a legatee under the earlier 1979 will, challenged the 2016 testament, a  judge…

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Illinois Appellate Court Finds That Class-Action Plaintiffs Had a Right of Action to Recover Expenses In Lead Toxicity Case

Mary Lewis, Tashwan Banks and Kathleen O’Sullivan filed a class-action lawsuit on behalf of themselves and others similarly situated against Atlantic Richfield Co., ConAgra Grocery Products Inc., NL Industries Inc. and Sherwin-Williams Co. claiming that these entities engaged in civil conspiracy. In addition, the plaintiff class consisted of parents or…

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Illinois Appellate Court Decides that Contribution Claim Had to Be on Verdict Form

The Illinois Appellate Court found that there was a discrepancy in the meaning of “common liability” in Section 2(b) of the Illinois Joint Tortfeasor Contribution Act. The underlying case was when an Alex Express freightliner crashed into the car of Thomas and Diane Roberts. The Roberts family claimed $2 million…

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Illinois Appellate Court Finds that a Temporarily Disabled Injured Party Did Not Toll Statute of Limitations for Representative of the Estate

The plaintiff in this lawsuit, Roscoe Giles, was the representative and administrator of the estate of his brother, Morris Giles. Giles filed suit two years and one day after the death of his brother who was hit by a tow truck while walking through a cross-walk. When there is a…

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Illinois Appellate Court Affirms $2.5 Million Verdict in Porch Fall Case

The ruling has been upheld in the case of a woman whose estate was awarded $2.5 million after she died falling from a porch almost 14 years ago. The 1st District Illinois Appellate Court rejected the argument from the defendant Charlotte Klink that the lawsuit filed against the estate of…

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