Mead Corporation’s tax dispute with the Illinois Department of Revenue led to this appeal in the Illinois First District. Although there was substantial testimonial and documentary evidence, the chief facts were not disputed. The issue in this appeal concerned an application of those facts to the Illinois Income Tax Act,…
An Illinois resident, unhappy with the boat he purchased, sued the Florida boat manufacturer for breach of contract. The manufacturer moved to dismiss based on lack of jurisdiction by the Illinois trial court. That motion, decided solely on the papers, was granted. On appeal, the Second District Illinois Appellate Court…
The trial court ruled in favor of the insured on cross-motions for summary judgment in an insurance coverage dispute. The insured then moved for costs and attorney fees under Section 155 of the Illinois Insurance Code. The trial court denied that motion. Both parties appealed. The insured argued that the…
The Illinois Supreme Court has ruled that the standard of review for a finding of abuse under the Illinois Domestic Violence Act is the “manifest weight of the evidence.” In this case, the trial court found abuse by the preponderance of the evidence. The appellate court affirmed, but used an…
Plaintiff sought class certification for persons who were exposed to toxic chemicals when a train derailed. The trial court certified the class, and was affirmed by the appellate court. The Illinois Supreme Court reversed on the basis that common issues of proximate cause and damages did not predominate. The supreme…
Over Alice’s objection, the trial court granted Cindy’s (paternal grandmother) petition for visitation with Alice’s child. Although the appellate standard of review was not an issue in the dispute, the appellate opinion raises the question of the correct standard. The court first says: “A trial court’s determination regarding visitation is…
The Third District Illinois Appellate Court reversed a trial court’s order denying leave to amend a complaint. The case is Gurnitz v. Lasits- Rohline Service. The appellate court stated the standard of review: “The decision whether to grant leave to amend a pleading rests within the sound discretion of the…
The Bocis’ request for political asylum was denied by an immigration judge. The Board of Immigration Appeals affirmed. The 7th Circuit Court of Appeals denied a request for review. There was evidence that the Boci home and business in Albania were burned down because of the Bocis’ political affiliation. But…
On complicated facts involving pension funds and bankruptcy, the Illinois Supreme Court was confronted with the proper standard of review on a Section 2-1401 motion to vacate a judgment. Here are the rules that emerged: • “… [T]he disposition of a petition seeking relief from judgment under section 2-1401 ……
On remand from federal court, plaintiff’s Vioxx class-action complaint landed in St. Clair County, Illinois, a venue known nationwide for big verdicts and class action cases. Defendant moved to transfer venue to Cook County. (Cook is no bargain for defendants, either. That gives you some measure for St. Clair.) Relying…