Michael Marrs, representing a class of similarly aggrieved employees, sued Motorola for violation of the Employee Retirement Income Security Act. After Motorola got a summary judgment, Marrs appealed. Marrs’s notice of appeal was filed timely, but it stated only that he was appealing. It did not state that he was…
Illinois Appellate Lawyer Blog
City’s Defense On Appeal Raises Subject-Matter Jurisdiction, So Cross Appeal Unnecessary
Flying J Inc. bought 50 acres of land in New Haven, Indiana intending to develop a travel plaza, hotel, and restaurant complex. But New Haven didn’t want the development and twice denied zoning variances. Flying J sued in Indiana state court, lost in the trial court, then won in the…
Seventh Circuit Lacks Jurisdiction To Hear Illegal Immigrant’s Due Process Claim
When she was still a teenager living in Guatemala, Aura Chavez-Vasquez’s uncle was kidnapped from her home. Aura was raped, and her life was threatened. Then 17 in 1991, Aura left her home and entered the United States as an illegal immigrant. Aura was living in Missouri with her two…
Estate Can’t Avoid Judgment Notwithstanding The Verdict By Changing Theory Of Liability On Appeal
Gul Nageen Ahmed, at age 7, was riding her bicycle near a retention pond. She lost control of the bike, slid down an embankment into the pond, and drowned. Wasim Ahmed, as administrator of Gul’s estate, sued the homeowner association that owned the retention pond and the association’s property manager.…
Pending Disqualification Motion Renders Custody Appeal Premature
Neringa and Jeffrey were disputing a court order that modified custody of their child. Neringa appealed the order. But a motion to disqualify her attorney still was pending when she filed her notice of appeal. And the custody order from which she appealed did not expressly permit an interlocutory appeal.…
Old Documents Not Preserved For Evidence Not A Basis To Uphold Summary Judgment For American National Bank
More than $1.3 million was embezzled from General Automation, Inc. General’s payroll deposit checks were made payable to its bank, American National Bank and Trust. General’s accountant got the checks before they were deposited with the bank, and deposited them in his personal account. General Automation settled its claims against…
Tyco Denied Damages Retrial Because Liability And Damages “Not So Distinct”
Tyco Electronics was unhappy with surge protection equipment it purchased for inclusion in a product it sold to a customer. So Tyco sued Illinois Tool Works, the manufacturer of the equipment. A jury trial ended in a $2 million judgment for Tyco. Tyco still wasn’t pleased, so it asked the…
Hip Hip . . . . It’s A Number
The entry below is the 250th in this blog. I feel like I should celebrate, but, you know, as my good friend Howie says, “It’s a number.”
“Necessary Step” Exception Overcomes Deficient Notice Of Appeal
Two residents of the Elgin [Illinois] Mental Health Center, both committed to the unit for the criminally insane, challenged certain policies at the Center that limited or prohibited their access to their property and money. The residents asked for summary judgment. But their motion raised events that were not alleged…
New Evidence In Reconsideration Motion Saves Appellate Jurisdiction
Jennifer Keener’s daughter was arrested by the City of Herrin Police for underage intoxication. The police allowed the daughter to leave the police station while she still was intoxicated. She was struck by an automobile and killed. Jennifer sued the City of Herrin for wrongful death. Herrin moved to dismiss…