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Articles Posted in Illinois Supreme Court

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Illinois Supreme Court Overturns Appellate Court Decision Setting the Maximum Amount of Recovery Allowed Against a Self-Insured Rental Car Company

The Illinois Supreme Court has overturned the Illinois Appellate Court decision regarding the cap on self-insured rental car companies. The Supreme Court reversed a $600,000 judgment against Enterprise Rent-A-Car’s Chicago area’s subsidiary. The Supreme Court ruled that self-insured rental car companies are liable for a maximum of $100,000 toward all…

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Illinois Appellate Court Affirms Illinois Common Fund Doctrine Decision Requiring ERISA Plan to Reimburse for Attorney Fees and Costs

The plaintiff Shrempf, Kelly, Napp & Darr, Ltd. was granted summary judgment by the Circuit Court of Madison County for attorney fees and costs they claimed were due pursuant to the Illinois Common Fund Doctrine. The defendants, the Carpenters’ Health and Welfare Trust Fund and the trustees of the Carpenters’…

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Illinois Appellate Court Finds that DNA Testing is Valid in Trust Contest

The beneficiaries of the Barbara B. Kaull Trust included the biological children of Mark James Kaull’s father, Mark Kaull, who died in 2010. Mary Kaull, acting as trustee of the Barbara B. Kaull Trust, petitioned the court for a ruling on whether Mark, the elder, was also the father of…

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Cook County Courts Start Pilot Program Allowing Cameras in Courts

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…

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Are Illinois Appointed Judges Better Jurists than Elected Jurists?

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…

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Illinois Appellate Court Decides Insurance Policy Application in Serious Car Crash Case

Marilyn Bowers was seriously injured when she was standing at a convenience store and an underinsured motorist drove into the building, seriously injuring her. Bowers and her husband were named insureds under an auto policy that General Casualty Insurance Co. issued for their three vehicles. Each vehicle was listed on…

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Injured Car Rental Customer Entitled to Underinsured Motorist Coverage Ahead of Rental Car Company’s Coverage

The Illinois Appellate Court has reversed a summary judgment order that was entered by a Cook County judge in favor of Safeway Insurance Co. In this case, Jeffrey and Stephanie Hadary were injured in a car crash when Carlos Velez was driving a car he rented from Hertz Corp. The…

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Zoo’s Immunity Order Reversed by Illinois Appellate Court

A lawsuit was filed against the Chicago Zoological Society, which operates Brookfield Zoo, on land owned by the Cook County Forest Preserve District. The case was filed by Kristine O’Toole for injuries that she suffered when she fell because of an alleged defect in the pavement. The defendant, the Chicago…

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Illinois Appellate Court Allows Defendants to Answer Plaintiff’s Complaint After Start of Trial

The general rule in Illinois, under Section 2-610(b) of the Illinois Civil Procedure, “every allegation, except allegations of damages, not explicitly denied is admitted.” In this case, the defendant chose not to file an answer before the start of the trial. The question for the appellate court was: “Are the…

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Illinois Appellate Court Finds That Automatic Transfer of a Juvenile to an Adult Court Based on the Offense or the Record and Background of a Defendant is not in Violation of the U.S. Constitution’s Eighth Amendment or the Illinois Constitution

On Sept. 27, 2011, Darius Young, who was 15 at the time, participated in a dice game on a Chicago street with several individuals. One of them, Daniel Glen, who was in a wheelchair, won all of Young’s money during the game; however, he began to suspect that another individual,…

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