http://www.illinoisappellatelawyerblog.com/ Published by Steven R. Merican en-us 2010-07-27T10:10:10-06:00 http://www.illinoisappellatelawyerblog.com/2010/07/claim_of_privilege_in_discover.html Discovery orders in Illinois generally are not immediately appealable. But a party can get an immediate appeal by refusing to comply with the order and then being held in contempt of court for doing so. The contempt order is immediately... Interlocutory Appeals illinoisappellatelawyerblog-1 2010-07-27T10:10:10-06:00 http://www.illinoisappellatelawyerblog.com/2010/07/sellers_exception_dismissal_in.html Illinois law allows the seller of a product to get out of a product liability lawsuit after identifying the manufacturer of the product. But even if the dismissal is with prejudice, the dismissal order is not final and immediately appealable.... Appellate Jurisdiction illinoisappellatelawyerblog-1 2010-07-27T00:52:51-06:00 http://www.illinoisappellatelawyerblog.com/2010/07/appeal_notice_timely_in_medica.html Tina Hemminger died from cervical cancer. Her husband, Daniel, sued Tina’s doctors, lab technician, and the hospital where she was treated for medical malpractice in failing to diagnose Tina’s cancer. Three of the five defendants asked the trial court for... Appellate Fees/Costs illinoisappellatelawyerblog-1 2010-07-24T00:56:02-06:00 http://www.illinoisappellatelawyerblog.com/2010/07/personal_injury_plaintiff_forf.html Jill Hamer was touring Chicago on a Segway, a mechanical device with wheels that transports riders while they stand on the machine. Jill fell and injured herself while riding the Segway up a hill. So she sued City Segway Tours... Waiver illinoisappellatelawyerblog-1 2010-07-09T21:35:10-06:00 http://www.illinoisappellatelawyerblog.com/2010/07/interests_of_justice_overcomes.html After a collective bargaining agreement expired, a school board decreased health care benefits to teachers who took early retirement under the agreement. The teachers sued the school board for the full benefits. The trial court gave the teachers summary judgment,... Waiver illinoisappellatelawyerblog-1 2010-07-08T16:56:26-06:00 http://www.illinoisappellatelawyerblog.com/2010/06/order_dismissing_personal_loan.html Brad Barnes gave Rose Michalski $27,000. He said the money was a loan and he wanted repayment. She said the money was a gift, and refused to pay. Brad sued Rose for the money. The case was tried to a... Standard of Review illinoisappellatelawyerblog-1 2010-06-27T16:20:57-06:00 http://www.illinoisappellatelawyerblog.com/2010/06/what_happens_if_appellee_does.html Here’s another issue lawyers often ask me to address: Must an appellate court consider the merits of an appeal when the appellee does not file a response brief? Does the appellant win for lack of opposition? The Fourth District Illinois... illinoisappellatelawyerblog-1 2010-06-20T22:28:37-06:00 http://www.illinoisappellatelawyerblog.com/2010/06/elgins_estoppel_defense_to_pro.html Falcon Funding owned land in Elgin, Illinois. Elgin agreed to annex the land in 1991. The property never was developed. In 2005, Falcon asked the trial court to order the property disconnected from Elgin. Falcon and Elgin both asked the... Waiver illinoisappellatelawyerblog-1 2010-06-13T18:30:49-06:00 http://www.illinoisappellatelawyerblog.com/2010/06/railroads_summary_judgment_gra.html Donald Pence tripped as he walked across the railroad tracks, and fractured his wrist and shoulder. He sued the railroad for poorly maintaining the area. The railroad asked the trial court for summary judgment. The court denied the request, but... Standard of Review illinoisappellatelawyerblog-1 2010-06-10T10:03:00-06:00 http://www.illinoisappellatelawyerblog.com/2010/06/supreme_court_rule_reviewed_de.html I get this question a lot: What is the standard of review for interpretation of a state supreme court rule? Here’s the answer: “Because Garlock's argument involves the construction of a supreme court rule, our review is de novo …... illinoisappellatelawyerblog-1 2010-06-08T16:50:02-06:00