Illinois Second District Appellate Court
Recent News About Illinois Second District Appellate Court
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Appeals panel: Woman who bumped into half-open Hobby Lobby door should have looked, waited before entering
A state appeals panel says a McHenry woman can't keep alive her lawsuit against Hobby Lobby after she walked into an automatic door at one of the chain's crafting stores. -
KNB Motors loses appeal in customer fraud case over sale of car declared total insurance loss
A state appeals court has rejected the attempt by a used car dealer to undo a judgment entered against it in a consumer fraud case accusing it of selling a car that had been written off as a loss by an insurance company, yet not telling the buyer. -
Appeals panel: 'Chiropractic maneuver' claim won't trump member agreement terms in suit vs Capital Fitness
A state appeals panel has closed the door on a woman's attempt to sidestep a clause in her membership agreement, and still sue her fitness club and her personal trainer for a back injury she suffered, claiming the trainer had engaged in an improper "chiropractic maneuver." -
Appeals court ends bank examiner's try to sue bank for icy slip-and-fall injuries
A state appeals court has turned aside a bank examiner's attempt to sue a bank and snow removal company over a slip-and-fall in a bank parking lot that knocked her unconcious nearly five years ago. -
Appeals court: City of Zion, IL Liquor Commission wrongly cited restaurant for not enough seats to serve alcohol
A restaurant in north suburban Zion did not violate a local ordinance that requires 50 seats in a restaurant in order for alcohol to be served, an appeals court has affirmed. -
Appellate court affirms dismissal of amended lawsuit over cyclist's death on Aurora bike trail
A state appeals court has declined to revive the fifth try at a lawsuit filed over the 2015 death of a Des Plaines woman who died while bicycling on an Aurora bike trail. -
IL Supreme Court: No actual harm needed to sue businesses for scanning fingerprints, other biometric IDs
The Illinois Supreme Court says an Illinois privacy law doesn’t require plaintiffs to prove they were actually harmed before suing businesses and others who scan and store their fingerprints or other so-called biometric identifiers. And the decision will give a green light to dozens of class action lawsuits already pending against businesses of all sizes in the state’s courts, with even more likely to follow. -
Insurer asks to be excused from funding legal defense for grocer Caputo's Fresh Markets vs BIPA suit
A suburban grocer, among the latest employers among a growing wave targeted with a class action lawsuit under an Illinois privacy law, may be forced to fund a greater share of its own defense after an insurer asked a judge to declare it has no obligation to help defend the case. -
IL A/G's discovery order vs Rockford recycling biz not 'adequate substitute for warrant:' Appeals panel
A lower court failed to properly weigh the privacy rights of a waste disposal site owner when it ruled in favor of Illinois Attorney General Lisa Madigan's request for a discovery order, an appeals court has ruled, siding with the business owner who claimed the order was merely an attempt to sidestep the need for a search warrant. -
Appeals panel: Couple hit by car can sue Uber, driver for dropping them off at busy intersection at 2 a.m.
An Illinois appeals panel has reversed a Cook County judge’s ruling that a Uber driver could not have foreseen a Chicago couple, whom he kicked out of his vehicle in the middle of the night, would then be hit by a car, finding the Uber driver should have known such an eventuality was possible. -
Appeals panel: State OK to fine attorney who acted as lawyer, real estate agent on same property sale
A state appeals court said a Lake County judge erred in overruling an Illinois Department of Financial and Professional Regulation finding that a lawyer was wrong to act as both real estate agent and attorney in a single transaction. -
IL Supreme Court questions whether mom must prove 'harm' to sue over teen's Six Flags fingerprint scan
Illinois Supreme Court justices appeared to take a dim view of assertions by a lawyer for Six Flags that a mother can't sue the theme park operator after the company required him to scan his fingerprints to use his park season pass, even though she had not provided consent. -
Rush-Copley Medical Center not liable for doctor's delayed treatment of woman's kidney stone, appeals court rules
An Aurora hospital remains not liable in a doctor's decision to wait until the following day to remove a woman's kidney, prolonging her pain and causing serious injuries, a three-justice state appeals court panel has ruled. -
Appeals court says bicyclist gets another try to sue Lake Forest for slip on wet bridge
ELGIN – The case of a bicyclist injured while traversing a Lake Forest bridge about four years ago is on its way back to Lake County Circuit Court after a three-judge state appeals court panel unanimously ruled the lower court had improperly dismissed the litigation. -
Appeals panel: Cook County judge wrong to toss class action vs LA Tan franchisee over customer finger scans
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 revives woman's lawsuit vs Kmart over Black Friday trip, fall over empty basket
A state appeals court has revived a woman's lawsuit against Kmart, saying the retailer can be sued because the judge could not clearly discount the woman's account of how she came to trip over an empty shopping basket in her path on the floor of a Rockford store on Black Friday 2013. -
Appeals court affirms Crystal Lake can't fire police officer who released drunk driver from accident scene
A state appeals panel has backed an arbitrator’s decision to reinstate a Crystal Lake police officer who was initially fired for allegedly allowing an allegedly intoxicated driver to leave the scene of an accident. The appeals panel, however, also upheld a McHenry County judge's denial of a union's request to impose sanctions on the city for the officer's termination, according to an opinion entered July 5 by the Illinois Second District Appellate Court. -
Appeals panel: Sanctions mostly OK vs animal rights activist for revealing info about Doe defendant on Facebook
A state appeals court has largely upheld a county court's decision to hold in contempt an animal rights activist for allegedly violating a court order to keep under wraps the identity of the owner of a so-called "puppy mill," but said the lower court judge needed to offer better instructions for how the activist could have the contempt sanctions lifted. -
Appeals court: Sellers can't enforce covenant restrictions on land after selling to forest preserve district
An appeals panel has affirmed a lower court’s decision the sellers of land to a west suburban forest preserve district gave up their rights to enforce a covenant to block ComEd from stringing power lines across that land, when they granted the Illinois Department of Natural Resources power to override covenant restrictions. -
Appeals panel: School district knew too much about cheerleader's concussions; summary judgment improper
A state appeals panel has given a lift to a legal action brought against a far northwest suburban school district by the family of a cheerleader, saying the school district may have known enough about the cheerleader’s three concussion events to no longer be protected by state immunity laws.