Plaintiff’s vacation to Africa was ruined by rain storms. He sued the travel agent, claiming the agent had a fiduciary responsibility to disclose his financial interest in assuring plaintiff did not postpone the trip. The case took two trips to the appellate courts. The first time on appeal, the appellate…
The Illinois Supreme Court ordered rule amendments today that affect the sticky question of the timely filing of a notice of appeal. That’s important because a notice of appeal must be filed timely to gain appellate jurisdiction. The court amended Illinois Supreme Court Rule 303, which sets out the general…
An Illinois resident, unhappy with the boat he purchased, sued the Florida boat manufacturer for breach of contract. The manufacturer moved to dismiss based on lack of jurisdiction by the Illinois trial court. That motion, decided solely on the papers, was granted. On appeal, the Second District Illinois Appellate Court…
The trial court ruled in favor of the insured on cross-motions for summary judgment in an insurance coverage dispute. The insured then moved for costs and attorney fees under Section 155 of the Illinois Insurance Code. The trial court denied that motion. Both parties appealed. The insured argued that the…
The Illinois Supreme Court has ruled that the standard of review for a finding of abuse under the Illinois Domestic Violence Act is the “manifest weight of the evidence.” In this case, the trial court found abuse by the preponderance of the evidence. The appellate court affirmed, but used an…
The big news from the Illinois Appellate Lawyers Association luncheon to honor the Second District justices yesterday came when Presiding Justice R. Peter Grometer announced the court would definitely increase the number of cases receiving oral argument in the coming year. For as long as I can remember, the Second…
Strategic Energy asked the Illinois Commerce Commission for authority to act as an alternative retail electrical supplier (ARES). The electrical workers union opposed Strategic, and over Strategic’s objection was allowed to intervene. The Commission ultimately granted Strategic’s application to operate as an ARES. All parties appealed, and moved to dismiss…
Illinois Senate Bill 0222, which would give public money to primary winners for their campaigns for appellate and supreme court seats, advanced out of committee to the full Senate today. The Chicago Daily Law Bulletin reports (subscription required) that the bill was unanimously passed by the Senate Local Government Committee.…
Plaintiff sought class certification for persons who were exposed to toxic chemicals when a train derailed. The trial court certified the class, and was affirmed by the appellate court. The Illinois Supreme Court reversed on the basis that common issues of proximate cause and damages did not predominate. The supreme…
What you think you’ve written is not always the way it reads. That’s why the best way to proofread any writing, legal brief or quick email, is to read it out loud. Can’t be bothered? James Michener did it, and his novels are longer than a tall drink of water.…