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Articles Posted in Civil Procedure

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Motion for Summary Judgment Must be Accompanied by Affidavit with Specific Facts or Account for Personal Knowledge

In January 2003, Michael Henderson, the defendant, wanted to rehabilitate real estate he owned. He submitted a loan application to the plaintiff, National Lending Services Inc. National Lending approved Henderson’s loan. The loan provided for an adjustable rate interest in which the interest only was paid until the loan matured on…

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Good Faith Settlement Tested in Illinois Appellate Court

On July 31, 2008, a multi-car collision occurred in which the car driven by Gregory Mlot rear-ended the vehicle in front of him driven by Michael Dervin.  Wendy Palacios was a passenger in Dervin’s car.  It was alleged that the Dervin vehicle then rear-ended the vehicle in front of him,…

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Court Reverses Summary Judgment Order in Contract Case Where Questions of Fact Remained

Archon Construction Co. was hired by the defendant U.S. Shelter to install a sewer system for a development, which was a small residential subdivision in Elgin. The contract between the parties was signed on June 5, 2005 and specified the types and quantities of material to be used by Archon.  For…

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Service of Process was Sufficient When Process Server Left Copy of Summons and Complaint at the Residence of Defendant and Mailed Additional Copy; CitiMortgage, Inc. v. Lubowicki

Slawomir Lubowicki and his wife, Agnieszka Lubowicka, held a mortgage from the plaintiff, CitiMortgage (Citi) in the amount of $329,000 for their home in Mount Prospect, Ill. In August 2009, Citi filed a lawsuit alleging that Lubowicki and his wife were in default in the payment of their mortgage and sought…

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Illinois Appellate Court Affirms Real Estate Title Question with Divided Properties; Stephanie Cutter and Jordan Mummer v. Michael A. Plowman

Deutsche Bank National Trust filed a lawsuit against Michael Plowman in 2010 to quiet title for a property located on Chicago’s North Side. The lawsuit alleged that Deutsche bank acquired title to the property by a foreclosure. The complaint also alleged that the property had been improved by the construction of a…

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Opposing Statutes of Limitation Chosen in Appellate Court Case; Advanced Credit v. Linares

The Illinois Appellate Court has reversed a decision by a Cook County judge in a case involving two statutes of limitation, which were possible choices in a breach of contract case. On Aug. 2, 2002, the plaintiff, Advanced Credit Inc. (ACI), and the defendant Samuel Linares signed a promissory note…

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Illinois Appellate Court Sets Out Spoliation of Evidence Rules; Kilburg v. Zante, et al.

Plaintiff Joyce Kilburg was injured while she was a passenger in a taxicab. She filed a lawsuit claiming negligence and spoliation of evidence against defendants, which included the driver of the Zante Cab Co. taxi, Taxi Medallion Management, Inc. (Taxi Medallion), Taxi Affiliation Services, LLC (Taxi Affiliation) and Wolley Cab Association…

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Illinois Appellate Court Reverses Trial Court in Substitution of Party; Mohica v. Cvejin

A breach of contract case was interrupted by the death of the individual plaintiff, Theodore Sarche. Mr. Sarche’s death led to his law firm moving to appoint a special representative under Section 2-1008(a) of the Illinois Code of Civil Procedure. An affidavit was later supplied by Sarche’s sole surviving child, Michael…

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Illinois Supreme Court Hears Argument Regarding Service of Summons on Deceased Defendant in Car Accident Case; Relf v. Shatayeva, etc.

The Illinois Supreme Court heard arguments in a car accident case regarding a lawsuit brought against a deceased motorist. Two years after a 2008 car crash, the plaintiff, Sandra Relf, filed a personal injury lawsuit against a motorist she believed was negligent in causing her injuries. The issue in this case…

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Photographic Evidence May Be Found Relevant Without Expert Testimony – Williamson v. Morales

A recent Illinois Appellate Court decision provided additional clarification regarding the admissibility of photographic evidence. At issue was whether or not a judge had correctly allowed photographs taken at the scene of an accident to be admitted into evidence during a Cook County personal injury trial. The appellate court ruled…

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