After SG’s parents lost their parental rights, the Hixsons (grandparents) petitioned to adopt the child. Five days later, in a separate case, the Bakers (foster parents) also petitioned to adopt SG. The Bakers also asked the trial court to consolidate the two cases. Over objection by the Hixsons, the cases…
The standard of review of an appeal under the Illinois Foreclosure Law is de novo. But “it is foreseeable that in a case in which a trial court has held a full evidentiary hearing on a motion to appoint a receiver, this court could find that an abuse of discretion…
Jerry Slovinski sued James Elliot, the CEO of Slovinski’s former employer, for defamation. Slovinski claimed that disparaging and untrue remarks were made about him by Elliot to one of the company’s suppliers. A jury awarded Slovinski $81,600 for compensatory damages, and $2 million for punitive damages. The trial court thought…
Discovery orders in Illinois generally are not immediately appealable. But a party can get an immediate appeal by refusing to comply with the order and then being held in contempt of court for doing so. The contempt order is immediately appealable. The Second District Illinois Appellate Court recently stated this…
Illinois law allows the seller of a product to get out of a product liability lawsuit after identifying the manufacturer of the product. But even if the dismissal is with prejudice, the dismissal order is not final and immediately appealable. The First District Illinois Appellate Court recently said it did…
Tina Hemminger died from cervical cancer. Her husband, Daniel, sued Tina’s doctors, lab technician, and the hospital where she was treated for medical malpractice in failing to diagnose Tina’s cancer. Three of the five defendants asked the trial court for summary judgment based on two arguments: (1) that they were…
Jill Hamer was touring Chicago on a Segway, a mechanical device with wheels that transports riders while they stand on the machine. Jill fell and injured herself while riding the Segway up a hill. So she sued City Segway Tours of Chicago for compensation for the injuries. City Segway asked…
After a collective bargaining agreement expired, a school board decreased health care benefits to teachers who took early retirement under the agreement. The teachers sued the school board for the full benefits. The trial court gave the teachers summary judgment, and the school board appealed. The school board did not…
Brad Barnes gave Rose Michalski $27,000. He said the money was a loan and he wanted repayment. She said the money was a gift, and refused to pay. Brad sued Rose for the money. The case was tried to a judge without a jury. After Brad put on his evidence,…
Here’s another issue lawyers often ask me to address: Must an appellate court consider the merits of an appeal when the appellee does not file a response brief? Does the appellant win for lack of opposition? The Fourth District Illinois Appellate Court answered the question in Thomas v. Koe, Nos.…