We pick up today with the second part of the Illinois Supreme Court’s opinion in Republican Party v. Illinois State Board of Elections. (The entry directly below explains the important facts and the court’s ruling that it has power to review tie votes rendered by the Board.) The supreme court…
Illinois Appellate Lawyer Blog
Illinois Election Board Tie Vote Dismissal Of Republican Party Complaints Reviewable By Appellate Court
The Cook County (Illinois) Republican Party filed eight complaints against various Democratic Party organizations and individuals asserting violations of the Illinois Election Code. The complaints were filed with the Illinois Board of Elections, which has eight members. The Board tied on each of the complaints, four to four, meaning there…
No Appellate Standing For Knox County Employees Being Investigated; Appellate Court Lacks Supervisory Authority To Order A Special Prosecutor On Remand
This lawsuit grows from a political fight in Knox County, Illinois. After he took office as Knox County State’s Attorney, John Pepmeyer began an investigation into “improprieties” by current and former county employees of the county state’s attorney’s and sheriff’s offices. Two Assistant State’s Attorneys, Dean Stone and Michael Kraycinovich,…
Administrative Code Okay In Appendix; Dictionary Excerpt Stricken
Taxpayers sued to prevent the local school district from transferring cash that was raised by a sale of bonds to the district’s operations and maintenance fund. The taxpayers argued that the money rightfully belonged in the district’s educational fund. Cross motions for summary judgment were filed by the taxpayers and…
Ford Motor Preserves Risk-Utility Jury Instruction Argument For Appeal
In this product liability case, Ford Motor Co. was sued by the estate of a driver who died in a rear-end auto accident. After trial, a jury reached a verdict for the estate. At trial, the parties fought about the correct way to instruct the jury to determine whether Ford…
Stay Of Insurance Declaratory Judgment Action Is Like An Injunction And Invokes Interlocutory Appellate Jurisdiction
WW Westwood Center sued Canel & Associates for legal malpractice. Canel tendered the defense of the lawsuit to it malpractice insurer, TIG Insurance Company. The tender inspired cross-claims by TIG and Canel for a declaratory judgment – TIG asked for a ruling that it did not have to defend or…
Non-Intervening Account Holders May Appeal Receiver’s Plan To Distribute Assets
In response to a complaint by the Securities and Exchange Commission, the federal district court froze the assets of Enterprise Trust. The SEC claimed that Enterprise deliberately mishandled and lost millions of dollars that it held for investors. The district court appointed a receiver for Enterprise, who devised a plan…
Seventh Circuit Has Jurisdiction Over Goldblatt’s Bankruptcy Remand
LaSalle Bank, the principal creditor in the Goldblatt’s Bargain Stores bankruptcy, claimed Great American Group committed fraud when it purchased inventory from Goldblatt’s stores that were closing. LaSalle had a security interest in the inventory, and was obliged to reimburse Great American for overpayment of the estimated inventory value. The…
Due Process Violation In Contempt Proceeding Not Moot
Taren Coupland neglected to appear for her trial, so in her absence she was found guilty of possession of drug paraphernalia. A few days later, Taren was sentenced to 24 months of court supervision. Taren also was required to have a drug/alcohol assessment within 30 days, and to complete a…
Post-Trial Motion Necessary To Preserve Appeal Issue In Directed Verdict Case
Karen Gillespie, as administrator of Kenyudra Gillespie’s estate, sued the University of Chicago Hospitals and a number of doctors for medical malpractice. Karen settled with or dismissed all of the defendants except Dr. Glynis Vashi. The case went to trial, and after Karen put in her evidence, the trial court…