In a case involving Donald Howell, who was born with profound cognitive impairment and who had received a settlement of $11 million from a Chicago landlord from lead-poisoning, the issue here was, could the court “substitute judgment” on where his money would go at the time of his death? Relying…
Currently under Federal Rules of Civil Procedure Rule 34, a document request cannot be served on an opposing party until the attorneys have met and “conferred as required by Rule 26(f)” with only a few exceptions. When the lawyers meet, “the parties must consider the nature and basis of their…
The U.S. Court of Appeals for the 7th Circuit in Chicago has affirmed a decision by the U.S. district judge who refused to reopen a default judgment. Kyler Moje, a hockey player on the Danville Dashers of the Federal Hockey League, lost an eye to high-sticking during a game against the…
Under the Illinois Code of Civil Procedure §2-203.1 “Service by Special Order of Court” is allowed if it is impractical to serve someone (a defendant) at his or her place of abode. In that case, the court can direct a comparable method of service in any manner consistent with the…
Former Republican U.S. Senator John Danforth has left the St. Louis law firm of Bryan Cave because of a high-profile case that involved a $77 million jury verdict against Wells Fargo & Company. It was an odd ending to a long relationship of a stalwart of Missouri politics and law.…
The Illinois Appellate Court for the 1st District has reversed and remanded a case decided in the Circuit Court of Cook County. In August 2011, Virginia Jahrke arrived at the health club belonging to Capital Fitness Inc. for her usual one-hour training session. After she finished her session, she went…
The Illinois Appellate Court for the 1st District has affirmed a trial court’s decision regarding a settlement. Gary Hines and Lisa O’Rourke were in Chicago visiting Hines’s father, Norman, near the end of 2012. As the visit was ending, Norman drove the two to the airport. When they arrived, Norman…
In the model years 2009 and 2010, Toyota’s Corolla has been targeted as a dangerous vehicle because of the electric power steering (ETS) system. In fact, two Toyota Corolla owners, one in New York and one in Pennsylvania, filed suit. The Corolla owners have alleged that the steering system’s defect…
Cook County has the largest single unified court system in the United States. For the first time, on Jan. 5, 2015, the Circuit Court of Cook County began allowing media cameras in courtrooms. The pilot program has limited to the Leighton Criminal Court building at 26th and California streets in…
It is perhaps a custom that grew out of an era nearly 200 years ago that elected judges would be better suited to carry out the law and protect the integrity of the United States court systems. The reason many states adopted the laws that would allow the election of…