Did you ever see those big signs draped over the front of a store proclaiming a Grand Re-Opening? I picture a short, bald shopkeeper, slightly bent at the waist from years of standing over the store counters, wearing a crisp white shirt, light gray-brown slacks, and suspenders, pushing metal security…
Illinois Appellate Lawyer Blog
First District Illinois Appellate Orders Remittitur Of $25mm Loss Of Society Verdict.
In a wrongful death case, plaintiff was awarded $2 million for loss of support and $25 million for loss of society. While the evidence showed a close family relationship, the verdict still shocked the judicial conscience and was ruled to be excessive. The appellate court decided that remittitur was preferable…
Appellate Court Lacks Jurisdiction To Review Late Filed Asylum Application.
Ikama-Obambi, the daughter of an activist in an opposition party in the Republic of Congo, filed an application for asylum. But the application was filed more than one year after she entered the United States, thus violating the filing deadline. There are exceptions to the one-year rule for changed or…
7th Circuit Rules No Asylum For Alien Whose House And Business Are Burned Down.
The Bocis’ request for political asylum was denied by an immigration judge. The Board of Immigration Appeals affirmed. The 7th Circuit Court of Appeals denied a request for review. There was evidence that the Boci home and business in Albania were burned down because of the Bocis’ political affiliation. But…
First District Rules No Jurisdiction On Mother’s Appeal Of Unfitness Finding.
A mother was found to be an unfit parent. In the best interest of her child, the mother’s parental rights were terminated. The mother appealed the unfitness finding. The State argued lack of appellate jurisdiction. The Illinois First District appellate court agreed it did not have jurisdiction. Here’s the court’s…
ISBA Effective Legal Writing Seminar
Last week the ISBA sponsored a seminar on Effective Legal Writing. I was intrigued by the promo, which promised going beyond the usually drab basic stuff you can get from any decent style book. Greg Colomb, an English professor at the University of Virginia, taught the seminar. He did not…
No Waiver Of Statute Of Limitations Defense That Wasn’t Raised In Trial Court In Illinois Second District Appellate Indemnity Dispute.
A contractor obtained performance bonds for three construction projects. The surety company required the president and the owner to sign indemnity agreements to obtain the bonds. When the contractor defaulted on the construction contracts, the surety company became liable on the performance bonds. Using the indemnity agreements, the surety then…
Appeal Of Jury Instructions And Admission Of Evidence Waived In First District Illinois Retaliatory Discharge Case.
Here are some fundamental lessons for practitioners from a recent First District Illinois retaliatory discharge case: (1) Make sure your post-trial motions are sufficiently detailed and specific enough to give the trial court a chance to correct its errors. (2) If you are challenging jury instructions, you’ll need the transcript…
No Mootness, No Waiver, No Rehearing In Psychotropic Drug Case
Unfit to stand trial for telephone harassment, Leslie H. was admitted to the Elgin Mental Health Center. Her psychiatrist petitioned to involuntarily administer psychotropic medication to her. A public defender represented her on the petition to administer the drugs. Leslie’s attorney in the criminal defense matter was not given notice…
Wexstten Named To Illinois Fifth District Appellate Court
The Illinois Supreme Court named Judge James Wexstten to the Fifth District Appellate Court today. Here is the full press release.