The Illinois Appellate Lawyers Association will present Brooks Davis speaking about Abraham Lincoln and Stephen A. Douglas. Here is the Association’s description of the event: The lifelong rivalry between these Illinois lawyers extended from Mary Todd’s parlor to the floor of the Illinois House of Representatives, across the bench of…
Blockbuster was sued in class action cases that alleged the company imposed improper penalties on customers who kept videos or DVDs longer than the prepaid period. In a Texas case, which had a class similar to the Illinois case, Blockbuster settled after the class was certified. Later, the Illinois court…
Glen Dresher’s son, 35 years old, was developmentally disabled and autistic. In 2001, Dresher was convicted of attempted murder when he struck his wife with his car several times. In 2006, Roseanne Dresher moved to have Glen removed as guardian of their son’s estate. That pro se motion was denied,…
In an insurance coverage dispute, Illinois Farmers moved to dismiss Secura Insurance’s appeal for lack of jurisdiction. Farmers argued that Secura’s Notice of Appeal, mailed to the court the 30th day after the judgment, was deficient because the certificate of service did not state the time of mailing, a requirement…
John Miller sued a real estate broker and the seller of a residential property over a dispute that arose when Miller thought he had bought a house. Miller claimed the seller breached a contract. He claimed that the brokerage was guilty of interference with prospective business advantage. The trial court…
While assisting an arrest, Police Officer Lawrence Wade got into a scuffle with the prisoner. Wade injured his knee, which required surgery. Ultimately, his doctor declared that Wade could not return to full patrol duty. The Police Department did not have an inside position for him, so Wade’s options were…
Almon Heastie was intoxicated, and in need of medical attention. Paramedics brought him to a hospital emergency room. Because he was yelling and abusive, Almon was placed on a cart and in restraints. For lack of space at the hospital, Almon was wheeled into the cast room, where he was…
The Appellate Law and Practice Blog reports on Malloy v. WM Specialty Mortgage, No. 07-1026, a First Circuit opinion that the blog calls “the height of appellate nerdery.” The court ruled that a premature notice of appeal became effective, and bestowed appellate jurisdiction, after the district court denied a motion…
The Illinois Appellate Lawyers Association has announced that its Annual Reception will be held on January 17, 2008, 5:30 to 7:30 p.m. The event will be at the Hotel Monaco, 225 N. Wabash Ave., Chicago. Recently retired Justice Mary Ann McMorrow will be honored. Call the Illinois Appellate Lawyers Association,…
A pension fund sued a partnership under the Multiemployer Pension Plan Amendments Act, an amendment to ERISA, to recover an outstanding liability. The pension fund obtained summary judgment, and the partnership appealed. The standard of review was brought into question. Typically, summary judgments, including in ERISA cases, are reviewed de…