The Seventh Circuit Court of Appeals dismissed an appeal by defendant prison guards for lack of jurisdiction. The guards first moved to dismiss the complaint based on official immunity. That motion was denied. Despite being interlocutory in character, denial of an immunity claim is appealable. But instead of appealing, defendants…
The Illinois Supreme Court flashed frustration in an opinion that instructs appellate and circuit court judges to stop deciding cases on constitutional grounds when other issues first offer a resolution. The case involved an adjudication of wardship of a minor accused of improper sexual conduct with other minors in her…
Argument should be saved for the Argument section of your brief. In Illinois, Supreme Court Rule 341 prohibits argument in the Fact section. When Commonwealth Edison filed a brief that stepped into foul grounds, the Second District Appellate Court “admonish[ed] counsel for ComEd to comply with the supreme court rules…
The Illinois Appellate Lawyers Association holds its Annual Reception on January 25, 2007. The justices of the First District Illinois Appellate Court will be feted. The late Seymour F. Simon, Retired Illinois Supreme Court Justice, will be honored. The event is scheduled for 5:00 to 7:00 p.m. at the Walnut…
A sex offender, who was committed as a sexually violent person, petitioned for release. Three rulings bear upon appellate practice: • Whether expert testimony that relied on a penile plethysmograph (“PPG”) was admissible under the Frye standard did not require an objection at trial; the motion in limine to exclude…
A third party drove a car through a wall at a Burger King and killed a customer. The customer’s estate sued Burger King. Burger King won a motion to dismiss in the trial court because, the court ruled, there was no legal duty to the customer. The customer’s estate appealed,…
Eighteen years of litigation culminated in a dispute over punitive damages in the Illinois Supreme Court. An excavating company was picketed by the union. The excavating company claimed the picketers spread false information about the company. So the company sued for libel, tortious interference with contract, and the like. At…
The Illinois Supreme Court lightened restrictions on Appellate Court opinions today. Appellate opinions no longer will be limited to 20 pages. And the number of published opinions from each of the five appellate districts has been lifted. The Administrative Order under Supreme Court Rule 23 placed limits on appellate courts…
Dismissal of a complaint without prejudice is not appealable. It’s a common nonfinal interlocutory order. “However, the State may appeal an order dismissing an indictment for prosecutorial misconduct … even if the dismissal is without prejudice.” People v. Mattis, 854 N.E.2d 1149, No. 2-05-0586 (2006).
In another grandparent visitation case, the Illinois Second District ruled that a due process argument was not waived even though it had not been raised in the trial court. The trial court ordered the parents not to talk to their daughter about the case. The parents argued that the order…