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Illinois Appellate Lawyer Blog

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Court’s Application Of Erroneous Legal Criteria To Decertify Class Results In Reversal

Priscilla Rosolowski was the named plaintiff in a class-action lawsuit against Clark Refining and Marketing. The class consisted of residents who lived near Clark’s oil refinery. They claimed the refinery was a nuisance. A first trial judge certified the class. A second trial judge denied Clark’s motion to decertify the…

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Appellate Court Can Look Beyond Record To Assess Admissibility Of Novel Scientific Evidence

Tanisha Ruffin, on behalf of her infant daughter Sonya, sued Dr. Leo Boler for malpractice during Sonya’s delivery. Ruffin claimed Boler’s negligence caused Sonya to be born with an injury to her brachial plexus nerve network located at the shoulder area. The case was tried to a jury, which ruled…

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More Good Times With Illinois Appellate Lawyers

Illinois Solicitor General Michael Scodro will be the featured speaker at The Illinois Appellate Lawyers Association’s September 2008 lunch meeting. Scodro will talk about amicus briefs. The meeting will be on September 26, 2008 at the Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois. Reception starts at noon. Luncheon…

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Veterinarian Forfeits Moorman Defense In Illinois Supreme Court

David Loman owned a race horse that he brought to the College of Venterinary Medicine at the University of Illinois for treatment. David Freeman performed surgery on the horse. But Loman said the surgery left the horse unable to race. So Loman sued Freeman. Loman’s claims for negligence and conversion…

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Dispute Over Expert Testimony Not Waived On Appeal Despite Failure To Make Offer Of Proof In Trial Court

Efrain Torres injured his shoulder when he slipped on property owned by Midwest Development Company. Torres sued Midwest, claiming the company caused an unnatural accumulation of ice on the property. Michael Eiben, Torres’s roofing expert, was barred from testifying at trial, because, the trial court ruled, Eiben had “no rational…

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Seventh Circuit Dismisses Government Appeal Of Qualified Immunity Defense

Ahmad Khorrami claimed he was wrongfully detained and mistreated by the federal government in an investigation stemming from the 9/11 terrorist attack. Khorrami sued Michael Rolince, an FBI agent on whose affidavit Khorrami allegedly was detained, and the government. The lawsuit alleged multiple causes of action, including one against Rolince…

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Certified Question Improper Under Illinois Supreme Court Rule 308, But Appellate Court Takes Interlocutory Appeal Anyway

Jerry Walker suffered a personal injury when she fell while cruising on a Carnival Cruise Line ship. She sued Carnival in Illinois, but her ticket stated that disputes must be litigated in Miami, Florida. Carnival sought dismissal of Jerry’s lawsuit, arguing that Illinois was not the proper forum. The Illinois…

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Constructive Re-filing Of Reconsideration Motion Provides Appellate Jurisdiction Over Insurer’s Appeal Of Coverage Dispute

Stoneridge Development Company built a townhouse for John and Marie Walski. The Walskis claimed the house suffered from structural defects caused by Stoneridge building on soil that was not compacted appropriately. After the Walskis sued Stoneridge, Stoneridge sued Essex Insurance Company, its general liability insurer, for insurance coverage for the…

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Standard Of Review For Dying Declaration: Palpably Contrary To The Manifest Weight Of The Evidence

Howard Berry sued 40-plus companies for his damages from contracting mesothelioma as a result of exposure to asbestos. He died before his discovery deposition was completed and before his evidence deposition was taken. Howard’s wife, Linnie, continued the lawsuit as representative of Howard’s estate. The companies moved to bar the…

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Order Postponing Insurer’s Motion To Stay Pending Arbitration “Incident To An Orderly Process” And Not Appealable

Insurer CNA was involved in a complicated dispute with a claim handling company, Staffing Concepts. Staffing Concepts made claims on the worker compensation policies that it bought from CNA. CNA claimed that Staffing Concepts refused to pay millions of dollars for the deductibles on claims made by its employees. There…

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