Michael Russell died in a helicopter crash. His estate sued SNFA, a French company that manufactured the part of the helicopter the estate claimed was defective and caused the crash. SNFA claimed the trial court did not have personal jurisdiction over the company, and so asked the court to dismiss…
Illinois Appellate Lawyer Blog
♪♪♪ Sing, Sing, Sing ♪♪♪
Good writing has a lot in common with pleasing music. That’s so for appellate briefs as much as novels. Good narration and argument stays with the reader, and makes the reader want more, just like a toe-tapping melody. Bret Rappaport says your mind’s ear hears what you read. How do…
Illinois Changes Official Case Citation System
Changes to the official method of case citation in Illinois go into effect next month. The Illinois Supreme Court Rules will require the court docket number to be cited, and does away with citation to an official printed reporter. Official Illinois supreme court and appellate court opinions will be on…
Part 2 Of Guberman Interview On Appellate-Brief Writing
We continue with Part 2 of author and legal-writing expert Ross Guberman’s insights into drafting appellate briefs. In case you missed it, here’s Part 1. And here is a link to my review of Ross’s book, Point Made: How to Write Like the Nation’s Top Advocates. What is the role…
Condo Owner’s Interlocutory Appeal Dismissed For Incomplete Rule 304(a) Finding
Marc and Mary Simon bought a condominium from Palmolive Tower Condominium before Palmolive finished constructing the building. The Simons were unhappy with Palmolive’s performance, and refused to release the money being held in escrow for Palmolive. So Palmolive sued the Simons, and the Simons counterclaimed for breach of contract and…
“Point Made” Author Regales About Appellate Brief Writing
Ross Guberman is the author of Point Made: How to Write Like the Nation’s Top Advocates. Go here to read illinoisappellatelawyerblog’s review of Ross’s book. We liked it so much, illinoisappellatelawyerblog asked Ross to answer a few questions about appellate brief writing. Here is Part 1 of that Q&A. Is…
State’s Compliance With Mental Health Code A Public-Interest Exception To Mootness Doctrine
Nicholas L. had been living at the Elmhurst Memorial Hospital for about a month when the State of Illinois filed a petition to administer electroconvulsive therapy and psychotropic medication. The trial court heard testimony on the State’s petition, then ruled in favor of the State. Nicholas appealed, arguing that the…
Failure To Object At Trial Dooms Appeal In Car-Cow Crash Case
Benjamin Juday’s pickup truck was damaged when it crashed into a cow owned by David Albers. The truck was insured by American Family Mutual Insurance. American Family, as subrogee of Juday [stood in Juday’s shoes], sued Albers under the Illinois Domestic Animals Running At Large Act to get compensation for…
Father Forfeits Appeal Of Negligence Dismissal For Failure To Reallege It In Amended Complaint
While warming up his son for a baseball game, Thomas Vilardo threw batting practice from behind a pitching screen provided by the Barrington Community School District. Vilardo’s son hit a pitch that Vilardo claimed went through a hole in the screen and hit him in the eye, causing injury. Vilardo…
Fewer Oral Arguments Heightens Importance Of Appellate Brief
Here is a letter to the editor I submitted to Illinois State Bar Journal with my observations about an article in the April 2011 edition that disapproves of the declining number of appellate oral arguments. To the Editor: “Surviving the Death of Oral Argument” (sorry, subscription required) is misnamed. The…