In a third amended complaint alleging five causes of action, Time Savers sued LaSalle Bank for breach of contract, fraud, and the like. The trial court granted LaSalle’s motion to dismiss. Although the order disposed of the entire complaint, it nonetheless contained language from Illinois Supreme Court Rule 304(a) that…
Contrast this case with Goldberg v. Rush University, directly below. In Fuller Family Holdings v. Northern Trust Co., 1-06-1533 (2/13/07), the same First District Court of Appeals (but a different panel) decided to overlook a party’s lack of citation to authority in its spoliation of evidence argument and rejected a…
In his dispute with Rush University Medical Center, Dr. Goldberg appealed from an order denying him leave to file an amended complaint. He stated his intention to appeal that order in his Notice of Appeal. But his brief did not contain argument or citation to relevant authorities. Citing Illinois Supreme…
Dawn Waddick was unhappy with the trial court’s decision in her divorce action. She moved for reconsideration of the court’s decision. Still unhappy with the result of that motion, she appealed the trial court’s decision. The Second District Illinois Appellate Court dismissed the appeal on its own motion. The court…
The Carillos had a particularly difficult divorce case. Nine days before a judgment was entered, Carlos filed a motion for a rule to show cause why Anna should not be held in contempt of court. The judgment resolved all issues concerning custody and distribution of marital assets. The motion for…
Pierre Petrich had tickets to an NSYNC concert. She arrived quite late because, she said, automobile traffic at and near the concert venue was poorly handled. Angry about missing part of the concert, Petrich filed a class action lawsuit against, it seems, almost everyone who had anything to do with…
The City of Chicago and the Chicago Board of Education were denied leave to intervene in a valuation dispute. Reversing the trial court, the First District Appellate Court deviated from the usual standard of review on intervention matters. Here’s the court’s reasoning: An order denying leave to intervene as of…
In Illinois, judges are elected officials. They campaign for office, just like every other politician. Once elected, their actions are subject to political analysis and opinion, including conjecture and speculation, just like every other politician. No politician likes that, but two governing principles allow it: the First Amendment to the…
I judged one of the early final rounds of the American Bar Association Law Student Division National Appellate Advocacy Competition a couple of weeks ago. I was told that this is the most prominent moot court competition in the country. I judged two arguments. Each team split the argument between…
Scott and Debra, co-trustees of their late mother’s trust, could not get along. After motions by each to have the other removed, Debra requested that a “special administrator” (more accurately, a “trustee”) be appointed. Her motion was granted on March 10, 2006. The court named Kathleen Ryding the trustee, “until…