Donald Cookson sued Todd Price, a physical therapy assistant, and the Institute for Physical Medicine, Price’s employer, for medical malpractice. As required by an Illinois statute, Cookson filed an affidavit and a report by a physician swearing to Price’s malpractice. But Price claimed the affidavit did not comply with the…
Articles Posted in Appellate Jurisdiction
Injured Officer’s Claim For Uninsured Motorist Coverage Waived And Too Late To Confer Appellate Jurisdiction
Timothy Cooper stole Terry Williams’s car. When Cooper tried to get away, he ran the car into Nikola Pritza’s car. Pritza, a police officer with the Village of Lansing, Illinois, injured his neck in the crash. He filed for and received Workers’ Compensation benefits. A series of lawsuits and letters…
No Jurisdiction To Consider Appeal Of Order Excluding Lawyer From Custody Evaluation
David and Rojean Molloy were battling for custody of their two children. The trial court appointed the Cook County, Illinois public guardian to represent the children. A custody evaluation by a social worker was scheduled under the Marriage Dissolution Act. Rojean, who did not have a lawyer, asked the trial…
Subpoenaed Minor A “Party” Under Illinois Leave To Appeal Rule
Elizabeth Macknin got an emergency order of protection against her ex-husband, David Macknin. Elizabeth claimed David abused I.M., Elizabeth’s daughter from a previous marriage to Markrack. Elizabeth asserted that David intended to abuse E.M., their own biological daughter. David asked the trial court to strike the petition. In response, the…
Victory On Petition Before Labor Board Dooms Union’s Appeal Of Board’s Rationale
A police labor union wanted to be the exclusive representative of “all aviation security sergeants employed by the City of Chicago.” Chicago objected, so the union filed a petition in the Illinois Labor Relations Board. The Board granted the union’s petition. But the union was not completely satisfied because the…
Appellate Court Considers Question Not Raised By Either Insurer In Automobile Coverage Dispute
While driving his Chevy, Brian Berry hit Lisa Villarreal. Founders Insurance had issued automobile insurance that covered Berry ‘s Chevy. Berry also had an insurance policy with Mid-Century Insurance. Berry thought the Mid-Century policy covered his Dodge. But the policy listed the Chevy as the covered vehicle. Villareal, who was…
No Jurisdiction For Interlocutory Appeal In SLAPP Lawsuit
Robert Stein and Clinton Krislov both are attorneys. Stein sued Krislov and his lawfirm for libel. The alleged libelous statements were made in a letter Krislov wrote to a federal judge who was presiding over a class action case. Krislov’s letter stated that Stein misrepresented to the court his experience…
Premature Appeal Invokes Appellate Jurisdiction After Ruling On Insurer’s Sanctions Request
Maggie and Keith Yunker were in a car accident in August 2006. Unfortunately for them, their business automobile insurance policy expired two months earlier because they did not pay the premium. The insurer, Pekin Insurance, refused to pay medical expenses Maggie sustained in the accident. The Yunkers felt they were…
State May Appeal No-Probable-Cause Order In Sexually Violent Person Commitment Action
Tommy Hardin had been convicted of aggravated sexual crimes three times. Just before his mandatory supervised release period, the State petitioned for Hardin’s civil commitment under the Illinois Sexually Violent Persons Commitment Act. After an evidentiary hearing, the trial court ruled there was no probable cause to believe Hardin was…
No Appellate Jurisdiction Over Landlord Not Explicitly Identified On Notice Of Appeal
Andrea Coleman sued Christina Udoh and her husband, Nsikak Akpakpan, for violating the Chicago Residential Landlords and Tenants Ordinance. The case was arbitrated, and Coleman was awarded $20,600. The trial court barred Udoh and Akpakpan from rejecting the arbitration award, so they appealed. Representing herself, Udoh filed her own notice…