The police took Joseph P. to the hospital because he was acting emotionally unstable. Against Joseph’s wishes, a trial court later allowed the State’s request that Joseph be involuntarily committed to the hospital and that he be given psychotropic drugs. Joseph appealed the order. He claimed a number of statutory…
A.J. Bos got approval from the Department of Agriculture to build a “megadairy” in Nora, Illinois. A few citizens in the area did not want the dairy to be constructed because they felt the location was susceptible to groundwater contamination by seepage of animal waste. They formed an organization, Helping…
While driving his Chevy, Brian Berry hit Lisa Villarreal. Founders Insurance had issued automobile insurance that covered Berry ‘s Chevy. Berry also had an insurance policy with Mid-Century Insurance. Berry thought the Mid-Century policy covered his Dodge. But the policy listed the Chevy as the covered vehicle. Villareal, who was…
Writing an appellate brief? Here are some helpful excerpts from recently published opinions regarding standards of review in the Illinois appellate courts. (1) Figueroa v. Deacon, No. 1-09-1844, First District Illinois Appellate Court (8/25/10). Re substantial compliance with a statute: “Whether there is substantial compliance with a statutory provision is…
Mark Thompson filed a complaint in the Illinois State Board of Elections against Elizabeth Gorman. Thompson claimed Gorman filed false reports concerning loans and financing of a campaign for elected office. After a closed preliminary hearing, the Board examiner “recommended that petitioner’s [Thompson] complaint be found not to have been…
Robert Stein and Clinton Krislov both are attorneys. Stein sued Krislov and his lawfirm for libel. The alleged libelous statements were made in a letter Krislov wrote to a federal judge who was presiding over a class action case. Krislov’s letter stated that Stein misrepresented to the court his experience…
Maggie and Keith Yunker were in a car accident in August 2006. Unfortunately for them, their business automobile insurance policy expired two months earlier because they did not pay the premium. The insurer, Pekin Insurance, refused to pay medical expenses Maggie sustained in the accident. The Yunkers felt they were…
The opinion in this medical malpractice case addresses a question trial lawyers often ask me about preserving evidence issues for appeal. If you believe an entire subject should not be allowed into evidence, but the trial court permits it, do you have to object to all the questions to assure…
Illinois Supreme Court Justice Thomas Kilbride won his retention election last week. About 65 percent of voters in his district voted to retain him. Now he has the option of serving another 10-year term. The lesson of this retention campaign is: The office of judge should have a term limit…
A baby sustained serious injuries at birth. His parents sued the doctor who performed the delivery for medical malpractice. The parents got a favorable trial verdict, so the doctor appealed. In the appellate court, the doctor claimed he should have been awarded a directed verdict by the trial court “because…