Illinois First District Appellate Court News

Appeals panel: Lawyer's lawsuit vs condo board over parking space groundless, but not a SLAPP

By Dan Churney | Nov 13, 2018

An Illinois appeals panel says a Loop condo owner’s lawsuit against his association board over a parking space was groundless, but the man shouldn’t be forced to pay the board’s legal defense costs, because the lawsuit didn’t come in retaliation for the board’s prior legal action against him.

ExxonMobil still off hook for worker's severe injuries at Joliet plant in 2013, state appeals court rules

By Karen Kidd | Nov 13, 2018

A state appeals panel has said ExxonMobil can't be held accountable for severe injuries suffered by a worker in a mishap at the company's Joliet refinery, affirming a Cook County judge's findings that the oil and gas company had limited or no knowledge of the contract employer's allegedly unsafe procedures on the job site.

Appeals court: No new trial for man who sued Hyatt, others, over trip-and-fall at trade show

By Gabriel Neves | Nov 12, 2018

A state appeals panel says a man won't get a new trial in his lawsuit against the Hyatt Regency hotel in Chicago, saying a Cook County jury was not wrong in finding him 100 percent responsible for the injuries he says he suffered when he tripped and fell over a missing floor tile covered by carpet.

Appeals court: Romanucci & Blandin firm maybe on hook for fees to lawyer who rep'd client's husband

By Scott Holland | Nov 7, 2018

A state appeals court says law firm Romanucci & Blandin can’t necessarily use the Illinois frauds statute to escape a lawsuit brought by another lawyer who claimed their refusal to pay her $7,000 in fees violated a deal she had struck with one of the firm's clients to represent that client’s husband in court and be paid from funds the client would win in the settlement of a lawsuit being prosecuted by an attorney from the Romanucci & Blandin firm.

Cook Co. judge wrong to quickly toss Quinn's suit over Chicago mayor term limits referendum: Appeals court

By Scott Holland | Nov 6, 2018

Former Illinois Gov. Pat Quinn has secured, for now, new life for his attempt to place on the ballot two referendums, including one to slap term limits on Chicago’s mayor, and another to create an elected consumer advocate post in the city.

Appeals court: Metro Water District can't use state law to escape lawsuit from worker who fell 29 feet into tank

By Jonathan Bilyk | Nov 6, 2018

A state appeals court has refused to flush a lawsuit against the organization responsible for treating Cook County’s sewage, which was brought by a worker who was hurt in a fall from a ladder into a mostly empty treatment tank, as the judges said the Metropolitan Water Reclamation District of Greater Chicago can’t use immunity often granted under state law to escape the lawsuit, when it had earlier declared its officials didn’t know about the condition that led to the worker’s injuries.

Judges on ballot this month; some evaluation groups ask voters to steer clear of some in particular

By Jonathan Bilyk | Nov 2, 2018

While most judicial candidates are running unopposed in Cook County, voters can still help select a few of those who will preside from the bench. And voters have been asked to exercise caution when casting ballots in the General Election for at least two Cook County candidates.

Appeals panel affirms $1.5M award to woman who chipped tooth on soda can in 2013 collision

By Karen Kidd | Oct 30, 2018

An expert witness' failure to produce financial documents is leaving an Edwardsville transportation company on the hook for a $1.5 million jury award to a woman who chipped her tooth on a soda can during a rear-end collision in 2013.

IL Supreme Court: Vitamin distributor could yet be on hook for $9M judgment vs possibly insolvent manufacturer

By Scott Holland | Oct 22, 2018

A U.S. distributor and seller of Chinese-made vitamin supplements could still be on the hook for a $9 million default judgment originally entered against the potentially insolvent foreign company that made the vitamins, after the Illinois Supreme Court said state law and policy goals make it possible to hang such damages on others in a product’s manufacture and sale chain.

Class action vs YMCA over evictions thwarted by missing agreement for man participating in Chicago city program

By Scott Holland | Oct 19, 2018

A man who participated in a Chicago city program for the homeless failed to prove he was a YMCA tenant under Chicago’s landlord ordinance, losing the opportunity to continue a class action suit against the Y over evictions, a state appeals panel has ruled.

Customers should read insurance policies, not wait to sue til denied coverage: IL Supreme Court

By Jonathan Bilyk | Oct 19, 2018

Saying customers have an obligation to read and understand the terms of their insurance policies, the Illinois state Supreme Court has rejected the try by a couple to make their American Family Insurance agent pay for providing them with a policy that didn’t protect them against a defamation lawsuit, even though they had specifically asked the agent to obtain that coverage for them.

Appeals court: Homeowners can't use annexation agreement to sue Tinley Park over drainage woes

By Cook County Record | Oct 9, 2018

Homeowners in Tinley Park have lost another round in their bid to hold the village of Tinley Park responsible for water drainage issues at their house, despite an annexation agreement that required a developer to install storm sewer drains years ago the homeowners assert would have solved their water issues.

Abbott Labs can't move out-of-state plaintiffs' Depakote effects lawsuits out of Cook County: Appeals panel

By DM Herra | Oct 4, 2018

Abbott Labs can't move out-of-state plaintiffs' Depakote effects lawsuits out of Cook County: Appeals panel

Class action: Hundreds of Cook Sheriff officer suspensions invalid, because State's Attorney not involved

By Jonathan Bilyk | Oct 4, 2018

Cook County’s Sheriff and State’s Attorney may both face a proposed class action brought by a suspended Cook County correctional officer, who claims the disciplinary action against him and similar actions against all officers disciplined by the sheriff since 2016 should be tossed out because the sheriff’s office wasn't represented in the disciplinary proceedings by the Cook County State’s Attorney’s Office.

Appeals court: Night club not on hook for man's brain injury allegedly caused by bouncer opening door

By Charmaine Little | Oct 3, 2018

A state appeals court has upheld the dismissal of a lawsuit that attempted to make a night club in suburban Burbank pay for the injuries suffered by a man who was struck by an outward opening door on New Year's Eve 2012, saying the man should have recognized the danger of standing in front of the door when the club had posted a sign denying reentry to anyone outside.

Appeals panel: Cook County judge wrong to toss class action vs LA Tan franchisee over customer finger scans

By Scott Holland | Oct 2, 2018

A state appeals panel has reversed a Cook County judge’s dismissal of a class action complaint accusing an LA Tan franchisee of violating an Illinois privacy law for the way it scanned and stored digital scans of customers’ fingerprints, saying the business’ disclosure of those fingerprints to a third-party vendor could be enough of a violation to sustain the lawsuit.

Appeals panel: Chicago not liable for man's fall after stepping out of cab on crumbling curb

By John Breslin | Oct 1, 2018

A man injured after stepping on a crumbled curb following his exit from a cab has no claim against the city of Chicago, a state appeals court has ruled.

Cook County OK to restrict campaign cash from lawyers, others seeking 'official action,' appeals court says

By Jonathan Bilyk | Sep 25, 2018

A state appellate court has again ruled Cook County has the power to make ethics rules that apply to county officers, including the Cook County Assessor, this time finding the County Board did not overstep in prohibiting real estate lawyers and otheers from contributing to the campaign coffers of county officials when they are seeking “official action” from the county.

Lawyer can't get fees plus settlement cut in pro se action vs My Pillow over unpaid sales taxes: IL Sup Ct

By Scott Holland | Sep 21, 2018

The Illinois Supreme Court ruled an attorney collecting a settlement award from a lawsuit he pressed in his own name, ostensibly on behalf of the state of Illinois, against a business over alleged unpaid sales taxes, isn’t entitled also to collect additional legal fees.

IL Supreme Court: State law granting hospitals property tax exemption constitutional

By Jonathan Bilyk | Sep 20, 2018

Hospitals in Illinois have secured a key win in a longrunning court fight over whether they should be required to pay property taxes, as the Illinois Supreme Court has upheld as constitutional a state law allowing hospitals to remain tax exempt.

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