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Illinois Appellate Lawyer Blog

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No Jurisdiction To Consider Appeal Of Order Excluding Lawyer From Custody Evaluation

David and Rojean Molloy were battling for custody of their two children. The trial court appointed the Cook County, Illinois public guardian to represent the children. A custody evaluation by a social worker was scheduled under the Marriage Dissolution Act. Rojean, who did not have a lawyer, asked the trial…

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Claimant’s Award In Shell Oil Gasoline Pipeline Class Action Case Reviewed For Abuse Of Discretion

Shell Oil Company’s pipeline leaked thousands of gallons of gasoline onto the Danhausen Farm in Kankakee County, Illinois. The lawsuit against Shell turned into a class action. After Shell and the class reached a settlement, the trial court appointed a former judge as Settlement Administrator to recommend an allocation of…

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Subpoenaed Minor A “Party” Under Illinois Leave To Appeal Rule

Elizabeth Macknin got an emergency order of protection against her ex-husband, David Macknin. Elizabeth claimed David abused I.M., Elizabeth’s daughter from a previous marriage to Markrack. Elizabeth asserted that David intended to abuse E.M., their own biological daughter. David asked the trial court to strike the petition. In response, the…

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De Novo Review For Compliance With Illinois Rule Requiring Health Care Report In Medical Malpractice Case

What is the standard of review for a dismissal with prejudice for failure to file a report from a health care professional within 90 days of filing of the complaint? The Second District Illinois Appellate Court requires de novo review. Although we typically review the dismissal of a complaint with…

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De Novo Standard Of Review For Attorney Fee Award, Abuse Of Discretion For Reasonableness Of Award

Shoreline Towers Condominium Association sued Debra Gassman, claiming she “waged a campaign of harassment and intimidation against Shoreline.” Gassman had sued Shoreline, and had filed complaints with government agencies, asserting the association had engaged in religious discrimination. The dispute arose when Shoreline removed a mezuzah Gassman placed at the doorpost…

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Victory On Petition Before Labor Board Dooms Union’s Appeal Of Board’s Rationale

A police labor union wanted to be the exclusive representative of “all aviation security sergeants employed by the City of Chicago.” Chicago objected, so the union filed a petition in the Illinois Labor Relations Board. The Board granted the union’s petition. But the union was not completely satisfied because the…

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Law-Of-The-Case Doctrine And Appellate Mandate Direct Trial Court’s Actions On Remand

The Drapers owned and lived on a property in a historic area north of Chicago. The property was subject to a conservation easement. The Drapers were allowed three amendments to the easement to alter the property and the home. Their neighbors, the Bjorks, took offense to the amendments and the…

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Collateral Consequences Not A Bar To Mootness Doctrine Where Patient Has History Of Illness

This case involved another dispute about whether an involuntary commitment to a hospital and administration of psychotropic drugs was proper. James H. was diagnosed as schizophrenic. The State’s psychiatrist considered James to be a threat to himself and to the public. James was admitted to a hospital against his wishes…

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Proposal For New Law School Model Would Improve Students’ Employment Prospects, Reduce Student Debt, And Make For Better Equipped Lawyers

Yesterday’s New York Times ran an article questioning the enormous loans many students need to get through law school, and how law schools game the school ratings. That’s news? Here is a letter to the editor I wrote today, suggesting a radical fix: To the Editor: “Is Law School a…

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