Illinois First District Appellate Court

160 N Lasalle St
Chicago, IL - 60601

Illinois First District Appellate Court News

Appeals court: Insurer not required to defend contractor vs sub's injury claim, despite sub agreement

An Illinois appeals court has upheld a lower court's ruling that an insurance company is not required to defend a contractor from legal action taken against it by an injured construction worker, despite an agreement between the contractor and subcontractor declaring the sub would acquire such coverage.

IL Supreme Court calls for fix of rules apportioning blame in multi-car crashes; could leave defendants 'holding bag'

Illinois’ highest state court has upheld a Chicago appeals panel and a Cook County judge's rulings that a defendant in a car crash suit had no basis to contest his codefendant's settlement with the plaintiff under Illinois law, because there was no evidence of fraud, despite concerns the ruling could leave less culpable co-defendants “holding the bag” at trial.

Appeals court: Ballot access rules not intended to produce 'absurdity;' Drury can remain on A/G ballot

Declaring they did not believe state lawmakers intended for candidates to be removed from the ballot over “absurdity,” a state appeals court has ruled Illinois attorney general candidate Scott Drury should remain on the Democratic primary ballot, despite an attempt to have him removed over his alleged failure to file a new economic interest statement when he switched to pursuing election as the state’s top law enforcement officer.

Chess legend's brother waited one day too long to file survival claim, appellate court rules

The brother of Chicago chess legend Morris Giles, who was killed in 2012 after being struck by a tow truck, waited a day too long to file a survival claim against the driver, a panel of appellate justices said in a recent decision.

Cardiologist not liable for patient's death, $7.75M verdict vs neurosurgeon fair, appeals court says

A Cook County jury that found a neurosurgeon liable in a $7.75 million verdict in the 2008 post-surgery death of a 56-year-old patient was correct in finding an attending cardiologist not liable for the death, a panel of Illinois appellate justices recently ruled.

IL appeals court upholds dismissal of class action challenging Chicago red light camera program law

Saying state law designates Chicago’s red light and speed camera enforcement programs as something different from ordinary traffic laws, a state appeals court has again handed a defeat to a class action attempting to overthrow the city’s automated traffic citation program, which annually adds millions of dollars in fines from ticketed motorists to the city’s coffers.

Appeals court: DesPlaines cop who hurt knee checking overweight truck OK for lifetime city health insurance

In a 2-1 decision, a state appeals panel upheld a Cook County judge's decision a former DesPlaines police officer, disabled on the job while inspecting an illegally overweight truck, deserves city health insurance for life because he was injured as the “result of an unlawful act” – the overweight truck.

Recent ruling could hamper plaintiffs from looping hospitals into medmal claims vs independent doctors

The Illinois Supreme Court's recent decision to not hold Northwestern Memorial Hospital vicariously liable for alleged malpractice committed by doctors from an independent clinic could have far-reaching implications for hospitals in the state, making it harder for trial lawyers to loop hospitals into some medical malpractice lawsuits.

$22M malpractice verdict cut to $7M; appeals panel says plaintiff's death during trial nixes future damages

A state appeals court has slashed a medical malpractice jury verdict from $22 million to $7 million, saying the plaintiff’s death during the trial should negate the jury’s decision to order the defendants to pay her family an additional $14 million for future damages.

Appeals court: Cook Courts Clerk can be sued for charging improper motion fees

A panel of state appeals justices will allow the Cook County Circuit Clerk’s office to be sued for allegedly illegally making litigants pay fees to file certain types of motions, saying the clerk can’t argue their payment signaled their assent to the fees, as failure to pay the fees would have locked them out of the ability to challenge the orders pending against them in court.

Appeals panel: State commission OK to overrule school district, let new Waukegan charter school open

A state appeals court has affirmed the Illinois Charter Schools Commission’s decision to overrule the Waukegan School District over the opening of a new school in the community.

Illinois appellate court upholds decision to exclude six ICC directors from collective bargaining

A panel of Illinois appellate judges has ruled that six directors at the Illinois Commerce Commission can't be represented by a union because they are managerial employees.

Appeals panel: Lawyer who defended Wheatland Bank officers can't force bank's insurer to pay $113K in fees

A state appeals court has again turned aside an attempt by an attorney who represented two top officers at a failed bank to stick the bank's insurance company with a six-figure legal services bill, saying a trial judge was correct to side with the insurer, who argued the stiffed lawyer should have been suing the bank officers he represented.

National frat off hook for NIU pledge's alcohol hazing death, but chapter can be sued: IL Supreme Court

A local fraternity chapter and certain women from a different sorority at Northern Illinois University can be held liable for a pledge’s 2012 alcohol-related death amid hazing during an initiation ritual, but the national organizations can’t be held responsible for the “criminal conduct” of the NIU chapter and its officers, the Illinois State Supreme Court has ruled.

Appeals Court upholds $250K verdict vs Metra for man who broke hip after ticket agent bumped him

The Illinois First District Appellate Court has upheld a $250,000 verdict for a man who claimed he broke his hip after he was knocked over by a Metra ticket agent.

Woman loses appeal in suit vs snow removal company, mall owner over slip-and-fall in snowy parking lot

A woman who slipped and fell in the snowy parking lot of a mall has lost her lawsuit against the owner of the mall.

Waste Management wins appeal vs IL Revenue Department over compressed natural gas tax refund claim

A state appeals court says Waste Management should get a refund of more than $200,000 it paid in state fuel taxes prior to the state's decision in 2014 to formally declare compressed natural gas - which it used to fuel some of its vehicles - a taxable motor fuel.

Appeals panel: Chance exists Ledcor might be held liable for other firm's worker, so insurer must defend

Noting there is a possibility contractor Ledcor could yet be ordered to pay for injuries suffered on a job site by another company's employee, a state appeals panel has refused to let Pekin Insurance walk away from the case.

No new trial for man who came up short in first crack at Oak Brook physical therapist over alleged hot pack burns

A man who says an Oak Brook physical therapist burned him with a hot pack will not be getting a new trial after a state appeals panel said a Cook County judge was wrong to overturn a jury’s verdict and potentially give the plaintiff another crack at pressing his claim.

Insurer can treat thousands of asbestos claims vs manufacturer as single insurable occurrence, appeals court says

A state appeals panel has come down on the side of insurers in an ongoing legal dispute with a manufacturer over the question of whether thousands of asbestos exposure-related lawsuits arising from the same company's products should be treated as a single "occurrence" or multiple occurrences for the purposes of determining how much the insurer would be obligated to pay.