Close

Illinois Appellate Lawyer Blog

Updated:

Illinois Supreme Court Interpreting DOC Rule. Is It De Novo Or Is It Abuse Of Discretion?

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…

Updated:

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…

Updated:

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.…

Updated:

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,…

Updated:

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…

Updated:

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…

Updated:

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…

Updated:

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…

Contact Us