Richard Martis, a chiropractor, treated Water Management Corp.’s employee for an on-the-job injury. Water Management’s worker compensation insurer was Grinnell Mutual Reinsurance Company. Martis was not in Grinnell’s preferred provider network. He submitted his bill to Grinnell for the treating the employee. Grinnell discounted the bill and paid Martis as…
Illinois Appellate Lawyer Blog
American Access Casualty Appeal Waived By Invited Error
Christine Siwek had an accident when she was driving Jerrold Erickson’s car. Christine told the Illinois Department of Transportation about the accident, and identified American Access Casualty Company as her insurer. American told the Department that Christine’s policy had been canceled. Christine claimed she never received a policy cancellation, so…
Inmate’s Motion Attacking Void Judgment Tolls Time To Appeal
An inmate in a supermax prison sued prison officials in a mandamus action. The inmate sought an order preventing controlled feeding and requiring a nurse to attend to the inmate’s self-inflicted wounds outside of his cell. The prison officials asked for, and in July 2006 received, a dismissal of the…
Paschen and Chicago Water Reclamation District Get Deferential Standard Of Review In Walsh’s Try To Prevent Bid Award
Walsh Construction Company and II In One Contractors formed a joint venture to bid on a contract being offered by the Metropolitan Water Reclamation District of Greater Chicago. The Walsh joint venture bid on the contract, but did not sign the required D-3 sheet. Although Walsh’s bid was about $10…
Plain Error Doctrine Prevents Waiver Of Appellate Argument Against Involuntary Administration Of Psychotropic Drugs
James S. appealed from a trial court order that allowed psychotropic drugs to be administered to James against his wishes. A basis of James’s appeal was that the order should be reversed because the circuit court did not state findings of fact to support emergency administration of psychotropic drugs, and…
De Novo Standard Of Review For Judgment Based On Contract Construction
Jeffrey Covinsky was CEO of Hannah Marine Corporation. He sued the company after it refused to pay him pursuant to a “golden parachute” clause in his employment contract. In turn, Hannah counterclaimed against Covinsky for breach of fiduciary duty. The trial court gave Covinsky summary judgment on his claim. Hannah…
Re-Opening Estate Decided Under Manifest Weight Standard
Kathleen Savio’s death in 2003 first was ruled by the coroner to be an accident. But after her body was exhumed and additional autopsies conducted in 2007, the coroner ruled that Kathleen’s death likely was a homicide. Kathleen’s father and siblings then asked the court to reopen Kathleen’s estate, to…
Attorney Sanctions In Seventh Circuit Compared
For a statistical comparison among the federal appellate courts of sanctions orders against attorneys, take a peek at the Fall 2008 edition of the Seventh Circuit Review. The analysis concludes: “The Seventh Circuit issued the fourth-most sanctions overall and issued the most serious sanctions. In the end, the data suggests…
Rules After Remand; Jurisdiction Over Fee Petition After Appeal Notice Is Filed
Two important rulings arise from this landlord-tenant dispute. After remand from the appellate court — which did not include instructions for how to proceed — the tenant asked the trial court for leave to amend its complaint to add a new item of damages. The trial court denied the tenant’s…
Appeal Of Post-Judgment Motion Not Saved By Rule 303
Bridgette Glickman, owner of a condominium unit, fell on ice in a stairway at the condo building. She sustained multiple fractures to her ankle. Among others, she sued the condominium association for negligent maintenance of the stairway. The trial court dismissed Glickman’s complaint against the association because the accident happened…