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Articles Posted in Standard of Review

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First District Appellate Defines Abuse Of Discretion And Says Plaintiff Should Have Been Allowed To Cross Expert On Personal Practices

So what is an abuse of discretion? The definition bears repeating: A trial court abuses its discretion only if it “act[s] arbitrarily without the employment of conscientious judgment, exceed[s] the bounds of reason and ignore[s] recognized principles of law … or if no reasonable person would take the position adopted…

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Illinois Second District Appellate Court: (1) No Objection, No Matter, No Waiver. (2) Appellate Court Not Restricted By Record In Frye Assessment. (3) Standard Of Review Manifest Weight In Release of Sexually Violent Person.

A sex offender, who was committed as a sexually violent person, petitioned for release. Three rulings bear upon appellate practice: • Whether expert testimony that relied on a penile plethysmograph (“PPG”) was admissible under the Frye standard did not require an objection at trial; the motion in limine to exclude…

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De Novo Review For Illinois Claim That Punitive Damages Are Unconstitutional

Eighteen years of litigation culminated in a dispute over punitive damages in the Illinois Supreme Court. An excavating company was picketed by the union. The excavating company claimed the picketers spread false information about the company. So the company sued for libel, tortious interference with contract, and the like. At…

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