MD Electrical Contractors subcontracted to do work at defendants’ home. The homeowners did not pay for the work, so MD sued for the money. Because there was not a written contract, MD’s complaint used a theory of quantum meruit (that MD should be paid for the value of the work…
Illinois Appellate Lawyer Blog
Argument Raised For First Time On Motion For Reconsideration Waived For Appeal
Unhappy with the treatment she received from her dentist, Jill Caywood sued him for malpractice. The dentist moved to dismiss Jill’s complaint for lack of compliance with the statute of limitations. The trial court granted the dentist’s motion, and Jill moved for reconsideration. In her reconsideration motion, Jill argued for…
Chicago School Board’s Failure To Comply With Court Monitor’s Rule Limiting Disabled Student Population Not Justiciable
About 16 years ago, a group of disabled students sued the Illinois State Board of Education. Among other things, the students claimed the Chicago Public School System, for which the State Board allegedly was responsible, improperly assigned disabled students to schools and classrooms solely according to their disability classification. That…
Illinois Constitutional Convention Debate Broadcasting Live And Available On Podcast
At the November 2008 election, Illinois voters will get a once every 20 years chance to vote on whether they want to have a state constitutional convention. The question will be debated by pundit Bruno Behrend (proponent) and lawyer Al Salvi (opponent) on July 29,2008 at 6:00 p.m. Central Time.…
Misunderstanding Filing Deadline Rule Not Excusable Neglect
Janet McCarty claimed she suffered from physical and mental problems ever since she was hit by a car. She filed for social security disability benefits, but her claim was denied by the agency, and subsequently by an administrative law judge. The agency Appeals Council denied her request for review. Janet…
Reconsideration Motion That Presented New Evidence Reviewed For Abuse Of Discretion
Ricky Compton’s insurer, Country Mutual, had a lien on settlement proceeds Ricky received from the negligent party in an automobile accident. The lien was filed with Founders Insurance, the negligent party’s insurer. Ricky filed a class action complaint against Country Mutual, arguing that the lien filed on Founders was a…
Appeal Of Involuntary Admission To Mental Health Facility Dismissed As Moot
In re Alfred H.H. involved a patient who was involuntarily admitted to the McFarland Mental Health Center in Illinois. Alfred appealed the trial court’s ruling that subjected him to the involuntary admission. The trial court’s judgment was limited to a 90-day involuntary admission. That time had passed before the case…
Candidate Who Owed Village Money Booted From Ballot; Illinois Supreme Court Defines “Mixed Question Of Law And Fact”
John Cinkus intended to run for village trustee in the Village of Stickney, Illinois in April 2007. But in April 2006, he was cited under the Stickney Municipal Code for disorderly conduct. After a contested hearing, Cinkus was found guilty and ordered to pay a $100 fine. When Cinkus did…
Partial Summary Judgment Not Final, So Post-Trial Motion To Vacate Was Timely
Aureen Berry, a model, sued Chade Fashions for breach of contract and violation of the Illinois Right to Privacy Act. She claimed that Chade impermissibly used her photograph to promote Chade products. The trial court granted her summary judgment on liability under the Privacy Act, but ruled there were questions…
7th Circuit Court of Appeals Dismisses Petition For Panel Rehearing That Only Argued New Issue
After Ms. Easley lost her appeal in the 7th Circuit U.S. Court of Appeals, she moved for an en banc rehearing. But her petition did not follow Federal Rule of Appellate Procedure 35, which requires a statement of one of two things: (1) that the opinion of the appellate court…