In the opinion written by the Illinois Appellate Court for the 4th District, the appellate court upheld the right of an injured plaintiff to recover the full amount of medical expenses if that amount had been written off by the medical provider. In the underlying case, a Coles County jury…
The 7th Circuit Court of Appeals in Chicago has affirmed a district court decision where sanctions were allowed in the form of attorney fees. The court of appeals stated that under Federal Rule 37, sanctions may include an order to pay the amount of reasonable expenses incurred in preparing the…
The Illinois Supreme Court case of Kotecki v. Cyclops Welding, 146 Ill.2d 155 (1991) is the decision by the court that stands for the law that an employer may avoid contribution liability by waiving its lien under Section 5(b) of the Workers’ Compensation Act. This is in reference to the…
In 1983, Alma and Israel Zivin executed a mutual last will and testament. The will stated that upon either the death of Alma or Israel, all property would go to the other. The will further stated that in the event that they both died or upon the death of their…
Two questions were certified for immediate appeal to the Illinois Appellate Court in a case against a school bus company, First Student Inc. The case was brought on behalf of a student who alleged that the misconduct of a driver accused of sexually abusing a student could put the corporation…
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…
In 2007, Christopher Lindroth suffered a traumatic brain injury when he was thrown from a motorized cart that swerved to avoid an oncoming car. This incident took place at McCormick Place in Chicago. Lindroth was standing on the back of the motorized cart as it traveled down one of the…
In a divided opinion, Illinois law on negligence still requires proof of physical impact in “direct victim” emotional distress cases. There was a strong dissent written by Justice Sheldon A. Harris. In this case, Melinda Schweihs lost her mortgage foreclosure case and was packing to move out of her Northbrook…
On Sept. 10, 2011, Stefan Zlatev was involved in a fight that started in an apartment building and spilled out to the street. During the fight, Zlatev was hit on the head with a brick. He suffered several broken bones to his face. The big issue in this case was…
Richard Yanni appealed from the trial court’s order that imposed a constructive trust on property he owned and awarded attorney fees and punitive damages against him. The appellate court ruled that the trial court was wrong in denying his motion to dismiss. Accordingly, the Illinois Appellate Court vacated the trial…