Railroad employee Anthony Williams was injured at work. He sued BNSF Railway, his employer, and got a judgment for $2.6 million. Claiming there were more than 40 errors at the trial, BNSF asked the trial court to decrease or throw out the verdict. The company also asked for a setoff…
The Appellate Lawyer Representatives’ Ninth Circuit Practice Guide is available for the downloading from the Ninth Circuit’s web site. It’s a how-to for preparing and filing a brief in the federal appellate court out yonder in California. But it’s chock full of good tips no matter what jurisdiction you find…
Nadeem Nizamuddin was expelled from school. He asked for and received a temporary restraining order against Community Education in Excellence, the operator of the private school, staying the expulsion at least until after a preliminary injunction hearing. Excellence appealed the restraining order. But its appeal was dismissed for failure to…
Myqerem Shatku sued Wal-Mart Stores for negligence. The trial court granted her motion to voluntarily dismiss the case in October 2010. A little more than a year later, Myqerem asked the trial court for permission to re-file her complaint.Wal-Mart responded by asking the court to dismiss Myqerem’s request. The trial…
The Westin North Shore is a hotel in the northern suburbs of Chicago. The hotel was used as collateral for a multimillion dollar loan to the hotel owner. Five Mile Capital Westin had a subordinate interest in the loan. After the owner defaulted on his payments, Berkadia National Mortgage was…
Barbara Kemp’s mortgage was held by EMC Mortgage Corporation. EMC filed a foreclosure action against Barbara because she defaulted on her payments. Eventually, EMC asked for and got a summary judgment foreclosure. Kemp then asked for reconsideration of the summary judgment and for a stay of the judicial sale of…
Brandon Wilson required surgery for a fractured femur. He had a heart attack during surgery, which resulted in brain injury from lack of oxygen. Brandon sued Edward Hospital, where the surgery was done, and the doctors who treated him there. To win against the hospital, Brandon had to show that…
Michael Hooker suffered a debilitating injury while working for the Chicago Fire Department. After he died two years later, his widow, Elaine, applied to the Retirement Board of the Firemen’s Annuity and Benefit Fund for widow’s benefits. She was awarded a minimum annuity, but she felt the Board did not…
A proliferation of lawsuits was filed after a collision between a truck carrying a load of metal rebar and an Amtrak passenger train. A number of passengers were injured, and some died in the accident. Cases by 32 passengers or their representatives were filed in Illinois state court. Debra Dowe’s…
Elizabeth Demaret got a better job in New Jersey, so she wanted to move there from Illinois with her children. She had sole custody of her four children. James, her ex-husband, had parenting time in accord with a parenting agreement that an Illinois trial court incorporated into the divorce judgment.…