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Articles Posted in Appellate Record

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Ninth Circuit Appellate Practice Guide Posted

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…

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Lessor’s Affidavit Supporting Reconsideration Request Ignored By Appellate Court

Urban Sites of Chicago leased property to Crown Castle USA and T-Mobile USA. The parties had a disagreement about the terms of the lease, so Urban sued Crown and T-Mobile. Crown and T-Mobile counter-sued Urban. Crown and T-Mobile asked for summary judgment, which the trial court granted. They argued that…

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Pending Appeal Of Judgment Not A Bar To Adjudication Of Attorney’s Lien; Insufficient Record Dooms Appeal

Richard Moenning was injured when he got off a passenger railroad car. He sued Union Pacifc Railroad Company, the operator of the train, for negligence and for willful and wanton misconduct. Union Pacific got a directed verdict on the willful and wanton claim. But a jury gave Moenning a favorable…

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Medical Malpractice Appeal Forfeited For Lack Of Complete Record

Gerald Morisch claimed his Veteran’s Administration Hospital doctors were negligent because they did not determine Gerald was on the verge of having a stroke, and so did not take action to minimize his injury. Gerald sued for medical malpractice under the Federal Tort Claims Act. The government got a judgment…

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Texas Painting Buyers Allowed To Argue Lack Of Personal Jurisdiction In Illinois Court

Anna Wiggen sold a painting to Brian and Kayla Roughton. At the time, Anna was married to Patricia Wiggens’s brother. After Anna and Patricia’s brother divorced, Patricia claimed (1) she was the owner of the painting, and (2) the painting was sold without her consent. Patricia demanded return of the…

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Insured’s Second Appeal Dismissed For Lack Of Jurisdiction

This case involved John Crane, Inc.’s claim for insurance coverage, and the insurers’ counterclaim against Crane. The insurers persuaded the trial court to dismiss Crane’s complaint. Two days later, Crane appealed the dismissal. Then CNA, one of the insurers, asked the trial court to vacate or modify the dismissal order…

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Dismissal Of Election Law Complaint Remanded To Board For Lack Of Fact Findings

Mark Thompson filed a complaint in the Illinois State Board of Elections against Elizabeth Gorman. Thompson claimed Gorman filed false reports concerning loans and financing of a campaign for elected office. After a closed preliminary hearing, the Board examiner “recommended that petitioner’s [Thompson] complaint be found not to have been…

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$2 Million Punitive Damages Award In Defamation Case Reduced To $81,600 On Appeal

Jerry Slovinski sued James Elliot, the CEO of Slovinski’s former employer, for defamation. Slovinski claimed that disparaging and untrue remarks were made about him by Elliot to one of the company’s suppliers. A jury awarded Slovinski $81,600 for compensatory damages, and $2 million for punitive damages. The trial court thought…

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Missing Trial Court Order Sinks Parent’s Appeal Of Parental Termination Ruling

Gina Hampton appealed a ruling that terminated her parental rights to her 11-year old child. Hampton wanted an independent opinion after a court-appointed psychologist diagnosed the child with reactive attachment disorder. Among her arguments on appeal was a claim of trial court error by denying her request for an independent…

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