A prison inmate filed a class action complaint against the Illinois Department of Corrections. He asserted that a co-payment charged to indigent inmates for non-emergency medical and dental services was improper. The issue was whether the DOC’s definition of “indigent” (unable to pay the co-payment for the entire time of…
Illinois Appellate Lawyer Blog
Trial Court Must Grant Extension Within 30 Days Of Judgment To Preserve Additional Time For Reconsideration Motion
The Singels were divorced in April 2006. Thirty days later, Thomas’s new lawyer filed a motion requesting an extension of time to file a motion to reconsider the dissolution judgment. That motion was denied in August. The trial court ruled that it did not have jurisdiction because neither a motion…
May 07 Rulings On Motions For Rehearing
The Illinois Supreme Court denied five motions for rehearing in May 2007 and granted none. That makes it Denials 10, Grants 0 since March 2007.
Judicial Campaign Regulation Bill Advances To Illinois House
Earlier this month, SB 0222, the bill to regulate judicial campaigns by institutionalizing public funding for appellate and supreme court seats and limiting contributions to all candidates passed in the Illinois Senate. The vote was 46 to 12. Click here to see the vote. The bill is pending in the…
Whether An Individual Is A “Political Committee” A Mixed Question Of Law And Fact
The Illinois State Board of Elections found that Victor Santana violated the state Election Code in connection with his financial support of a judicial candidate in a primary election. Santana did not file appropriate organizational or disclosure statements even though he paid in excess of $3,000 for a campaign mailing.…
Seventh Circuit Rules Attorney Lacks Standing To Appeal Negative Remarks
The parties reached a settlement of a Fair Housing Act claim that was filed in federal court in Illinois. But then the parties could not agree on the terms of the agreement, so cross motions to enforce an agreement were filed. The district court granted defendant’s motion, denied plaintiff’s motion,…
Illinois Supreme Court Refuses To Consider Argument That Is Not Fully Briefed
A student suffered a spinal cord injury when he used a mini-trampoline during a school extracurricular tumbling program. The student sued the board of education, the youth center, and the center’s instructor. The trial court granted summary judgment to defendants. The appellate court affirmed. The Illinois Supreme Court affirmed the…
Appellate Jurisdiction Doesn’t Necessarily Depend On Final Assessment Of Financial Award
In this appeal of a workers’ compensation award, the Fifth District Illinois Appellate Court considered its jurisdiction on its own prerogative. The jurisdictional question arose because the arbitrator did not assign an amount for temporary total disability. Usually, when the amount of an award is not set, there is no…
Fifth District Illinois Med Mal Case Addresses Waiver On Appeal
An appellate opinion from the Illinois Fifth District raises two waiver questions that are notable for appellate practitioners. The case grows from Joyce Cretton’s treatment at Memorial Hospital of Belleville. She was admitted already with advanced stage chronic obstructive pulmonary disease. She died about two weeks later. Her estate sued…
Second District Illinois Appellate Dismisses Appeal By Non-Party Police Department
The Department of State Police denied Daniel Braglia a Firearm Owner’s Identification Card (FOID). Seeking reversal of that decision, pursuant to statute, Braglia sued the county state’s attorney’s office. His complaint did not make the State Police a party. Braglia requested, and received, an order directing the State Police Department…