The Third District Illinois Appellate Court reversed a trial court’s order denying leave to amend a complaint. The case is Gurnitz v. Lasits- Rohline Service. The appellate court stated the standard of review: “The decision whether to grant leave to amend a pleading rests within the sound discretion of the…
A bill pending in the Illinois General Assembly would change financing and spending for candidates for the Illinois Supreme Court and Courts of Appeal. STLtoday.com today reports on a plan to allot $750,000 to supreme court candidates and $250,000 to appellate court candidates from a public trust fund. More details…
Andrew Sallenger suffered from mental illness. He resisted an arrest and died during the altercation with police. His estate sued the police under 42 U.S.C. § 1983, including a claim for use of excessive force in violation of the Fourth Amendment. The police officers lost their summary judgment motion that…
Pacific Insurance Co. defended an appeal of partial summary judgment. Pacific, as appellee, raised three gripes with the judgment. But Pacific did not file a cross-appeal. Pacific argued that the 7th Circuit could consider the arguments on the theory that the appellate court can affirm the district court on any…
This dispute began 27 years ago when Robert Melvin applied for black lung benefits. After “amazingly protracted proceedings,” the Benefits Review Board upheld an award to Melvin’s widow. However, Melvin’s former employer, Old Ben Coal Company, and its parent company, were liquidated by a bankruptcy court. Although Old Ben and…
This three-way dispute involved the mortgagee, the mortgagor, and the high bidder on the foreclosed property. The mortgagor defaulted, and the subject property was foreclosed and sold. The trial court denied a motion by the high bidder to confirm a judicial sale, but did order the mortgagor to pay the…
Donald Hubert will be honored posthumously by the Chicago Bar Association. Don will receive the CBA’s 2007 Earl Burrus Dickerson Award on February 21, 2007. Don passed away recently. He was a past president of the Chicago Bar Association, an excellent lawyer, and among the finest people I’ve ever known.…
The Illinois Appellate Lawyers Association is sponsoring a talk entitled “Abraham Lincoln’s Rhetoric” at its February luncheon. David Zarefsky, Owen L. Coon Professor of Argumentation and Debate at Northwestern University, will present. The event will be on February 8, 2007 at noon at the Chicago Athletic Association, 12 S. Michigan…
Luis Padilla was a lawful permanent resident. He pleaded guilty to charges of criminal sexual abuse and obstruction of justice in Illinois. He left the U.S., and when he attempted to return in May 2000 the federal government began removal proceedings because of his criminal record. Those proceedings concluded in…
A condominium association sued the condo developer for an accounting of expenses incurred before turnover to the board. The trial court granted summary judgment to the developer and denied the association’s cross-motion for summary judgment. The association appealed from the summary judgment given to the developer, but did not file…