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Thursday, November 21, 2024

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State Court

Assisted Living Resident Alleges Arbitration Agreement Unconscionability Against Facility

By Cook County Record |
In a recent ruling by the Illinois Appellate Court, Joan Hwang successfully challenged an arbitration agreement with Pathway LaGrange Property Owner after sustaining injuries at their assisted living facility in February 2023. The court found the agreement unconscionable due to its one-sided nature favoring the defendant and denied their motion to compel arbitration.

State Court

Nursing homes can use Pritzker Covid orders to block suits over Covid deaths

By Jonathan Bilyk |
The Illinois Supreme Court has ruled trial lawyers can't entirely sidestep emergency orders issued by Gov. JB Pritzker at the onset of the Covid pandemic to hit nursing homes with lawsuits over Covid deaths, even though the governor's orders appeared to protect them from such lawsuits

State Court

'A downward spiral': Biz groups, legal reformers urge IL high court to nix bid to kill anti-forum shopping rule

By Jonathan Bilyk |
The filings come in response to an attempt by the Illinois Trial Lawyers Association to seize on a dispute over the constitutionality of a controversial state law to win a long sought policy goal, which would funnel lawsuits into Cook, Madison and St. Clair counties, in pursuit of bigger, easier verdicts

State Court

Plaintiff Alleges Negligence Against Property Managers Over Parking Lot Fall

By Cook County Record |
A woman's appeal against property managers for injuries sustained in a parking lot fall has been denied by an Illinois appellate court. Rossmid Lopez-Arana sued Brian Properties and others for negligence after falling on ice-covered pavement but failed to prove unnatural accumulation caused her injuries according to judges' ruling.

State Court

Plaintiff alleges used car dealer Nitro Detergent Specialists of fraudulent misrepresentation

By Cook County Record |
Brendan Moore's lawsuit against Nitro Detergent Specialists over alleged fraud in a used car sale has been dismissed with prejudice by an Illinois court. The case centered around claims of concealed damage history in a vehicle sold under an “as is” agreement.

State Court

Homeowner Accuses Local Government Over Building Code Violations

By Cook County Record |
A homeowner is challenging local government decisions regarding alleged building code violations at his property in Lansing, Illinois. James Fisher claims procedural missteps led to fines totaling $1000 after disputes over inspection requirements were mishandled by municipal authorities.

State Court

IL Supreme Court: Lawsuit damages over spouse's wrongful death must still be paid if surviving spouse remarries

By Scott Holland |
The unanimous opinion said a judgment compensating one spouse for the loss of another through medical malpractice or other harm must still be paid by defendants, even if the judgment includes money for "material services" the other spouse would have provided to the household in the form of completed chores like cooking meals and washing clothes

State Court

IL Supreme Court: Lawyers still can claim fees, even though incomplete agreements didn't comply with court rules

By Scott Holland |
Clients fired attorneys shortly before settling dispute of multimillion-dollar estate

State Court

Man jailed for contempt for two years by Cook divorce judge over stock dispute with ex-wife, seeks release

By Jonathan Bilyk |
A man has been in the Cook County jail for more than two years because Cook County divorce court Judge Michael Forti ruled he should be able to pay his ex-wife millions of dollars that the man says he doesn't have. An appeals court has been asked to determine if the extended jailing has violated the man's due process rights

State Court

Professor Sues DePaul University Over Alleged Contract Breach Following Controversial Article

By Cook County Record |
A tenured philosophy professor at DePaul University has filed a lawsuit against his employer alleging breach of contract after facing criticism for an article he wrote supporting Israel's annexation of Palestinian territories. The court dismissed most claims due to insufficient evidence while highlighting key legal principles regarding academic freedom and defamation.

State Court

Resident Sues Local Car Wash Over Negligence Claim

By Cook County Record |
Taiwo F. Durowade has filed an appeal against Lenny’s Gas-N-Wash Sauk Trail after claiming negligence led to damage to her vehicle during a car wash visit in August 2020. Despite initial setbacks in court rulings regarding jury demands and instructions on negligent voluntary undertaking theories, she continues seeking justice through higher courts.

State Court

Insurance Company Not Obligated To Defend Grocery Chain In Biometric Data Lawsuit

By Cook County Record |
In a recent ruling by the Appellate Court of Illinois dated September 10th, Certain Underwriters at Lloyd’s London were found not obligated to defend Tony’s Finer Foods Enterprises in a class action lawsuit alleging violations of biometric privacy laws. The decision overturns an earlier ruling by the Circuit Court of Cook County.

State Court

Former Associate Pastor Alleges Church Leadership Breached Contract and Defamed Her

By Cook County Record |
Reverend Sarah Elizabeth Garcia has successfully appealed a previous dismissal of her lawsuit against St Pauls United Church for Christ and its senior leadership over allegations including breach of contract and defamation following her abrupt termination in September 2021.

State Court

Plaintiff accuses appraiser and insurance company of fraud

By Cook County Record |
A recent ruling from the Illinois Appellate Court has dismissed Cynetria Watkins' claims against an appraiser and his insurance company for alleged fraudulent conduct during a home loan application process. The court found insufficient grounds for aiding and abetting fraud claims against Aspen Insurance Company while also affirming dismissal of related charges against appraiser Patrick Maher.

State Court

Widow Accuses Mortgage Company Of Improper Estate Claim Filing

By Cook County Record |
A recent ruling by an Illinois appellate court sided with Alma Chavez Rossi in her legal battle against Amos Financial LLC regarding improper filing claims over her late husband's estate debts.

State Court

Former Special Education Teacher Sues Department Over Denied Unemployment Benefits

By Cook County Record |
Linda Kane’s attempt to secure unemployment benefits has been thwarted by both administrative decisions and court rulings asserting she voluntarily left her job without good cause attributable to her employer. Despite claims of wrongful termination and workplace misconduct at iCan Dream Center, multiple reviews upheld the denial based on substantial evidence suggesting otherwise.

State Court

Former Board Member Alleges Defamation Against Superintendent

By Cook County Record |
Claudia Medina’s lawsuit alleging defamation against Dr. James L. Henderson and Rodney Alexander has been dismissed by an Illinois appellate court due to insufficient evidence supporting her claims.

State Court

Parents Sue Medical Entities Over Alleged Negligence During Childbirth

By Cook County Record |
Rachael and Paul Adamian have filed a lawsuit against multiple medical entities alleging professional negligence during their son Dylan's birth at Good Samaritan Hospital in DuPage County. The Appellate Court has now ordered the case transferred from Cook County back to DuPage due to jurisdictional appropriateness.