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Articles Posted in Standard of Review

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Appellate Court Can Look Beyond Record To Assess Admissibility Of Novel Scientific Evidence

Tanisha Ruffin, on behalf of her infant daughter Sonya, sued Dr. Leo Boler for malpractice during Sonya’s delivery. Ruffin claimed Boler’s negligence caused Sonya to be born with an injury to her brachial plexus nerve network located at the shoulder area. The case was tried to a jury, which ruled…

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Standard Of Review For Dying Declaration: Palpably Contrary To The Manifest Weight Of The Evidence

Howard Berry sued 40-plus companies for his damages from contracting mesothelioma as a result of exposure to asbestos. He died before his discovery deposition was completed and before his evidence deposition was taken. Howard’s wife, Linnie, continued the lawsuit as representative of Howard’s estate. The companies moved to bar the…

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Reconsideration Motion That Presented New Evidence Reviewed For Abuse Of Discretion

Ricky Compton’s insurer, Country Mutual, had a lien on settlement proceeds Ricky received from the negligent party in an automobile accident. The lien was filed with Founders Insurance, the negligent party’s insurer. Ricky filed a class action complaint against Country Mutual, arguing that the lien filed on Founders was a…

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Candidate Who Owed Village Money Booted From Ballot; Illinois Supreme Court Defines “Mixed Question Of Law And Fact”

John Cinkus intended to run for village trustee in the Village of Stickney, Illinois in April 2007. But in April 2006, he was cited under the Stickney Municipal Code for disorderly conduct. After a contested hearing, Cinkus was found guilty and ordered to pay a $100 fine. When Cinkus did…

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No Abuse Of Discretion In Finding Law Firm Waived Right To Arbitration

Jeffrey Woods and three associated parties had a dispute with the Patterson Law firm. The law firm claimed Woods et al. owed $47,000 for legal fees; Woods claimed the law firm committed legal malpractice. The law firm sued for the fees, but voluntarily dismissed its case. Woods then sued for…

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Motion To Strike Summary Judgment Affidavit Reviewed De Novo

As representative of Stanley Collins’s estate, Lisa Collins sued St. Paul Mercury Insurance for underinsured motorist coverage of the auto accident that killed Stanley. Lisa appealed after the trial court ruled that St. Paul did not owe insurance coverage and awarded the company summary judgment. Among other things, Lisa complained…

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Children’s Claim For Constructive Trust Gets De Novo Review

After his ex-wife died, Edward Trevino got into a dispute with his children over the disposition of a $100,000 life insurance benefit. Edward was the beneficiary on the policy. But his children pointed to a marital settlement agreement that stated they were to be beneficiaries of any “death benefits.” The…

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Dressed Up Abuse Standard For Review Of Sanctions Order

An unhappy customer sued an auto dealership, and the dealership’s incorporator. The incorporator moved to dismiss and for sanctions. The dismissal was granted, but the sanctions motion was denied. In affirming the denial of sanctions, the First District Illinois Appellate Court embellished the typical “abuse of discretion” standard. “On review,…

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Relation Back Of Amendment A Limitations Issue, So Illinois Supreme Court Rules De Novo Standard Applies

A medical malpractice case raised the question of the correct standard of review of a ruling on whether an amended complaint relates back to the original complaint. In this case, the trial court ruled the amendment did not relate back, and thus was late under the statute of limitations. Larry…

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