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Articles Posted in Standard of Review

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Order Upholding Guardian’s Refusal To Sell Ward’s House Reviewed For Abuse Of Discretion

Rosa Neal was guardian of a disabled person’s estate. On behalf of her ward, Rosa contracted to sell the ward’s home to Damon Perry. Damon asked for, and received, approval from the probate court of the contract for sale of the property. The contract had a mortgage contingency clause. Damon…

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Husband’s Directed Finding In Post-Dissolution Fraud Case Reviewed By Manifest Weight Standard

Clara George Minch and Ronald George were divorced in 1982. In 2003, Clara learned that Ronald had sold his interest in a company that owned Florida real estate for more than $950,000. She sued George for fraud, asserting that during the divorce proceedings he misrepresented his interest in the stock.…

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Punitive Damages Verdict Against Broadcaster Affirmed; Court Uses Two-Pronged Standard Of Review

Jerri Blount sued Jovon Broadcasting. She claimed the company fired her because she agreed to testify for another employee who alleged racial and sexual discrimination against the company. After a trial, a jury awarded Blount $3,082,350, $2.8 million of which was for punitive damages. Jovon appealed, and among other things,…

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De Novo Standard Of Review For Petition To Vacate Dismissal When Trial Court Does Not Take Testimony

Christopher Mills sued Ryan McDuffa. Mills claimed he was injured when his car was rear ended by McDuffa. Two of Mills’s attorneys withdrew, and when Mills did not appear for a court hearing his case was dismissed for want of prosecution. About four months later, a new lawyer for Mills…

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No Deference For Trial Court In Review Of Insurer’s Declaratory Judgment Case

Pekin Insurance Company and Hallmark Homes disputed insurance coverage for a personal injury lawsuit filed by Bremer, the employee of another contractor at a construction site. Bremer sued Hallmark and MC Builders. Hallmark was named as an additional insured on MC’s insurance policy with Pekin. Hallmark asked Pekin to defend…

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First District Illinois Appellate Court States Levels Of Appellate Review Of Punitive Damages Verdict

A group of townhome owners sued Carriageway Builders, the company that built the townhouse, and Carriageway’s owner, Wayne Johnson. Unfortunately, the foundation of the townhouse settled up to 10 inches, causing all sorts of damage to the building. A jury awarded the owners more than $1.3 million. A separate, non-jury…

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No Discretion For Bank’s Post-Trial Appeal Over Dishonored Cashier’s Check

MidAmerica Bank sued Charter One Bank for failing to honor a $50,000 cashier’s check purchased at Charter. The check was payable to Essential Technologies of Illinois. David Hernandez was president of Essential. Mary Christelle, David’s mother, purchased the cashier’s check with money from her account at Charter. Essential deposited the…

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Paschen and Chicago Water Reclamation District Get Deferential Standard Of Review In Walsh’s Try To Prevent Bid Award

Walsh Construction Company and II In One Contractors formed a joint venture to bid on a contract being offered by the Metropolitan Water Reclamation District of Greater Chicago. The Walsh joint venture bid on the contract, but did not sign the required D-3 sheet. Although Walsh’s bid was about $10…

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De Novo Standard Of Review For Judgment Based On Contract Construction

Jeffrey Covinsky was CEO of Hannah Marine Corporation. He sued the company after it refused to pay him pursuant to a “golden parachute” clause in his employment contract. In turn, Hannah counterclaimed against Covinsky for breach of fiduciary duty. The trial court gave Covinsky summary judgment on his claim. Hannah…

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