A medical malpractice case raised the question of the correct standard of review of a ruling on whether an amended complaint relates back to the original complaint. In this case, the trial court ruled the amendment did not relate back, and thus was late under the statute of limitations. Larry…
Illinois Appellate Lawyer Blog
Illinois Supreme Court Distinguishes “Waiver” From “Forfeiture”
This automobile accident case resulted in one defendant (COSCO) suing another (Frontline) for express indemnity. One of the issues was the scope of indemnity agreement. But Frontline, which took the appeal to the Illinois Supreme Court, did not raise that question in its petition to the Supreme Court for leave…
Possession Order Not Moot Even Though Tenant Vacated And Apartment Re-Rented
This landlord-tenant dispute evoked lots of attention from parties who regularly represent tenants. Beverly Olivier did not pay her rent for her apartment. Circle Management sued her for back rent and possession of the apartment. Beverly and Circle entered an agreed order that required Beverly to pay monthly use and…
Appellate Court Reviews Trial Court’s Actions On Remand De Novo
This doesn’t come up often, but the rule is good to keep tucked away for when you need it. In this medical malpractice case, the question on appeal involved the trial court’s actions after an earlier remand from the appellate court. The First District Illinois Court of Appeals stated the…
Procedural Unconscionability Reviewed By Manifest Weight; Substantive Unconscionability Reviewed De Novo
Ozma Tabassum sued Javed Younis were married in Canada and had one child, Azra. They moved to Illinois, where their relationship took a turn for the worse. Ozma took Azra back to her family in Canada. While in Canada, Ozma and Javed negotiated a postmarital agreement. Ozma agreed not to…
Accident Victim Can Appeal Her Lawyer’s “Good Cause” To Widthdraw
Victoria McGill hired Friedman & Solmor to represent her in her auto accident case. The law firm represented Victoria on a contingent fee arrangement until about one month before trial was scheduled. The firm withdrew as a result of a dispute with Victoria over whether to accept a settlement offer.…
First District Illinois Appellate Court Says Coadministrator Of Estate Cannot Appeal As An Individual
This wrongful death and survival action was filed on behalf of the estate of Rashidi Walker. Rashidi died during football practice at Northwestern University. His mother, Linda, and his father, George Wheeler, Jr., were coadministrators of Rashidi’s estate. After lengthy litigation, the trial court approved a settlement of $16 million.…
Urgent Reminder! Appellate Law Seminar In DuPage County, Illinois On March 31, 2008
Earn continuing legal education hours and hear a terrific panel of speakers on appellate law and practice by attending “A Blue Ribbon Panel On Appellate Advocacy.” Sponsored by the DuPage County Bar Association, the seminar will take place at noon on March 31, 2008 at the Attorney Resource Center at…
Summary Judgment Sustained On Argument Trial Court Did Not Consider
Glen Howard had an argument with his roommate, Bethany Firmand. After Bethany brought two order of protection proceedings against Glen, he sued Bethany for malicious prosecution. A summary judgment was entered in Bethany’s favor because she “had probable cause as a matter of law to initiate the underlying civil proceedings…
Violation Of Discovery Rule Deemed A Question Of Law
In Boyd v. City of Chicago, No. 1-06-0358 (12/5/08), the trial court precluded testimony of a fact witness. In Boyd’s appeal of an adverse jury verdict, he claimed the trial court improperly precluded his witness’s testimony as a discovery sanction. The appellate court identified the standard of review: “ Whether…