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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Reverses Summary Judgment Where There Were Material Issues of Fact Yet to be Decided

In September 2008, Erica Perkins was involved in a car crash while driving a car owned by Beverly Perkins. LaTonya Reese and Kionna Griffin sued Erica Perkins for the injuries they suffered in the crash. American Access Casualty Co. issued a non-owner’s insurance policy to Erica Perkins and provided a…

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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…

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Illinois Corporations Can Be Deposed; Illinois Supreme Court Rule 206(a)(1)

Attorneys should be aware that corporations can be deposed by authority of Illinois Supreme Court Rule 206. In Illinois, a deposition notice pursuant to that Supreme Court rule would require the corporate party or government entity to designate and produce for deposition a witness to give testimony at a discovery…

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Illinois Appellate Court Restates That a Perpetual Contract is Against Illinois Public Policy

On Dec. 17, 2007, Rico Industries entered into an agreement with TLC Group Inc., in which TLC would serve as Rico’s exclusive sales representative to Wal-Mart. Rico, an Illinois corporation that specializes in production of novelty and sports-affiliated merchandise, entered into the agreement, specifying that any change, cancellation or termination of the…

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Illinois Appellate Court Distinguishes Between Contract Rescission and Non-Performance of Contract

In November 2006, Jose Lopez lent Jesus Quintana $20,570.  The purpose of the loan was for Quintana to purchase a car.  There was no written agreement for the loan, just an oral contract.  According to Lopez’s lawsuit, Quintana defaulted on the loan by choosing not to make his payments in…

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Injured Plaintiff Barred Because of Late Arrival at Arbitration

The Illinois Appellate Court affirmed a decision of a Cook County judge barring testimony of the plaintiff, Bettie Payton-White, because she was more than 15 minutes late to a court-mandated arbitration session. In November 2010, a car crash occurred between the motor vehicle driven by Bettie Payton-White and one driven…

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Illinois Appellate Court Affirms that Component Part Defect of Car Was Not the Proximate Cause of Injuries

Liam O’Neill bought a 2000 GMC Jimmy SUV.  On July 3, 2001, his wife, Mary, was driving home in the SUV when the vehicle suddenly stopped.  She was in the eastbound lane of a 2-lane street.  Mary attempted to restart the SUV several times but it would not start. She…

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Jury Finds for Defendants Where Court Refuses Jury Instruction on Negligence

On Dec. 1, 2008, Sarah Conway, Kathleen O’Toole and Mary Heidkamp were passengers in Joan Steenveld’s car when it was broadsided by the defendant, Lynnard McCullough, who was driving a tractor-trailer. All but Steenveld perished in the crash. Both of the vehicles skidded off a snowy, icy road.  Steenveld’s southbound…

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Illinois Supreme Court Decides Public Policy Prevails Over Insurance Contract

Ana Reyes was the owner of a motor vehicle and was the sole named insured.  She purchased auto insurance from American Access Casualty Co., and  the policy specifically said there would be no liability coverage for any accident in which she was operating a motor vehicle. On Oct. 30, 2007,…

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Illinois Appellate Court Reverses Motorcycle Accident Case Dismissed with Prejudice Because of Late Service of Summons

Keith Kreinik was injured in a motorcycle accident.  The statute of limitations for his injuries would have run two years from the date of his accident, Sept. 2, 2007 to Sept. 2, 2009.  In the meantime, on Aug. 29, 2009, Karen Kreinik was allowed guardianship of Keith and filed a…

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