If it isn’t hard enough for parolees to manage a new life after serving their time in prison, at least they do not face unlimited searches and reduced expectation of privacy, according to the U.S. Court of Appeals. The court of appeals in Chicago rejected the “astonishing proposition” that parolees…
Articles Posted in Appellate Procedure
Illinois Attorneys Have a Duty in Wrongful-Death Actions to Decedent’s Beneficiaries
Leona Smith, the mother of Perry Powell, was appointed guardian of her son’s person but not his estate after a judge ruled that Powell was disabled because of severe mental disability. Powell’s father died, allegedly because of medical malpractice. Attorneys were hired by Smith, who then acted as special administrator…
$7.32 Million Bad-Faith Verdict Against Insurer Who Refused to Settle Obvious Liability Case
In 2000, Boston attorney Richard Brody took a case that seemed at the time to be an obvious, straight-forward liability case that would most likely settle quickly — maybe without even filing a lawsuit. The case involved serious injuries suffered by another trial lawyer, Odin Anderson. On Sept. 20, 1998…
A Contract Remains Valid Even if the Parties to the Contract Did Not Initial Alterations, But Signed Everything Else
The Illinois Appellate Court has reversed and remanded a decision by a Cook County Circuit Judge relating to a sale agreement for a condominium purchase. In November 2010, the Habitat Co., the Gautreaux Development Manager for the Chicago Housing Authority, signed a purchase and sale agreement with Tera Healy to…
Chicago Park District Could be Held Responsible for Injury to a Child Under 12 at Playground Because there was no Published Restriction to Notify Potential Users
Cheneka Ross, 13, was playing tag at a Chicago Park District Park playground while being chased by another child. She ran to the slide to avoid being tagged by one of her playmates. Cheneka climbed up the slide and as she started to slide down, one of her feet became…
Illinois Appellate Courts Holds that Umbrella Policies not Required by Either Public Policy or Statutory Requirement to Provide Underinsured Motorist Coverage
Mei Pang was a passenger in a car driven by Ingrid Chan in January 2002 when a crash occurred between Chan’s car and another vehicle driven by Donald McGinnis. Pang was injured severely. McGinnis’s insurer paid Pang $100,000 to settle her personal injury lawsuit and claim. Chan was insured by…
U.S. Court of Appeals Sends Federal Case Back to State Court in a Case Involving Both the Second and Seventh Circuit U.S. Courts of Appeals
The 7th Circuit Court of Appeals in Chicago has reversed a decision of a U.S. district court judge regarding whether a case should be remanded back to an Illinois state court. This case arises out of the bankruptcy of a company known as Parmalat. Parmalat was a large Italian food…
Illinois Appellate Court Holds That Witness’s Recollection of Testator’s Signature at the Time Will is Signed Not Evidence of Invalidity
Mary Dicks died on Sept. 25, 2012. Her granddaughter, Jennifer Barber, was her closest living relative and her only heir. Barber claimed that Dicks died intestate and filed a petition to be named administrator of her estate. However, Allison Ferconio, who was Dicks’s niece, filed a will with the Circuit…
Illinois Law Allows a Dissolved Corporation to be Sued for Any Claim that Existed Before its Dissolution For Up To Five Years
According to the Illinois Appellate Court, a corporate condominium association that was dissolved is in a legal standing the same as that of a dead natural person such as found in the case of Markus v. Chicago Title & Trust, 373 Ill.557 (1940). Under Illinois §12.80 of the Business Corporation…
Illinois and Federal Rules of Procedure Results Compared in Missed Filing Date
The federal court rules are different than those in Illinois. Lawyers who may be used to operating under the Illinois Code of Civil Procedure need to be aware of Federal Rule of Civil Procedure 59(a), which says, “A motion to alter or amend a judgment must be filed no later…