Illinois Appellate Lawyer Blog http://www.illinoisappellatelawyerblog.com/ Published by Steven R. Merican en-us 2008-09-03T21:58:18-06:00 Dispute Over Expert Testimony Not Waived On Appeal Despite Failure To Make Offer Of Proof In Trial Court http://www.illinoisappellatelawyerblog.com/2008/09/dispute_over_expert_testimony.html Efrain Torres injured his shoulder when he slipped on property owned by Midwest Development Company. Torres sued Midwest, claiming the company caused an unnatural accumulation of ice on the property. Michael Eiben, Torres’s roofing expert, was barred from testifying at... Waiver illinoisappellatelawyerblog-1 2008-09-03T21:58:18-06:00 Seventh Circuit Dismisses Government Appeal Of Qualified Immunity Defense http://www.illinoisappellatelawyerblog.com/2008/08/seventh_circuit_dismisses_gove.html Ahmad Khorrami claimed he was wrongfully detained and mistreated by the federal government in an investigation stemming from the 9/11 terrorist attack. Khorrami sued Michael Rolince, an FBI agent on whose affidavit Khorrami allegedly was detained, and the government. The... illinoisappellatelawyerblog-1 2008-08-29T19:03:46-06:00 Certified Question Improper Under Illinois Supreme Court Rule 308, But Appellate Court Takes Interlocutory Appeal Anyway http://www.illinoisappellatelawyerblog.com/2008/08/certified_question_improper_un.html Jerry Walker suffered a personal injury when she fell while cruising on a Carnival Cruise Line ship. She sued Carnival in Illinois, but her ticket stated that disputes must be litigated in Miami, Florida. Carnival sought dismissal of Jerry’s lawsuit,... illinoisappellatelawyerblog-1 2008-08-27T18:12:45-06:00 Constructive Re-filing Of Reconsideration Motion Provides Appellate Jurisdiction Over Insurer’s Appeal Of Coverage Dispute http://www.illinoisappellatelawyerblog.com/2008/08/constructive_refiling_of_recon.html Stoneridge Development Company built a townhouse for John and Marie Walski. The Walskis claimed the house suffered from structural defects caused by Stoneridge building on soil that was not compacted appropriately. After the Walskis sued Stoneridge, Stoneridge sued Essex Insurance... illinoisappellatelawyerblog-1 2008-08-24T22:05:02-06:00 Standard Of Review For Dying Declaration: Palpably Contrary To The Manifest Weight Of The Evidence http://www.illinoisappellatelawyerblog.com/2008/08/standard_of_review_for_dying_d.html Howard Berry sued 40-plus companies for his damages from contracting mesothelioma as a result of exposure to asbestos. He died before his discovery deposition was completed and before his evidence deposition was taken. Howard’s wife, Linnie, continued the lawsuit as... Standard of Review illinoisappellatelawyerblog-1 2008-08-12T18:11:59-06:00 Order Postponing Insurer’s Motion To Stay Pending Arbitration “Incident To An Orderly Process” And Not Appealable http://www.illinoisappellatelawyerblog.com/2008/08/order_postponing_insurers_moti.html Insurer CNA was involved in a complicated dispute with a claim handling company, Staffing Concepts. Staffing Concepts made claims on the worker compensation policies that it bought from CNA. CNA claimed that Staffing Concepts refused to pay millions of dollars... Appellate Jurisdiction illinoisappellatelawyerblog-1 2008-08-09T19:00:36-06:00 Homeowners Forfeit Argument In Illinois Supreme Court That Wasn’t Raised In Petition For Leave To Appeal http://www.illinoisappellatelawyerblog.com/2008/08/homeowners_forfeit_argument_in.html MD Electrical Contractors subcontracted to do work at defendants’ home. The homeowners did not pay for the work, so MD sued for the money. Because there was not a written contract, MD’s complaint used a theory of quantum meruit (that... Waiver illinoisappellatelawyerblog-1 2008-08-08T16:38:52-06:00 Argument Raised For First Time On Motion For Reconsideration Waived For Appeal http://www.illinoisappellatelawyerblog.com/2008/08/argument_raised_for_first_time.html Unhappy with the treatment she received from her dentist, Jill Caywood sued him for malpractice. The dentist moved to dismiss Jill’s complaint for lack of compliance with the statute of limitations. The trial court granted the dentist’s motion, and Jill... Waiver illinoisappellatelawyerblog-1 2008-08-03T23:39:55-06:00 Chicago School Board’s Failure To Comply With Court Monitor’s Rule Limiting Disabled Student Population Not Justiciable http://www.illinoisappellatelawyerblog.com/2008/07/chicago_school_boards_failure.html About 16 years ago, a group of disabled students sued the Illinois State Board of Education. Among other things, the students claimed the Chicago Public School System, for which the State Board allegedly was responsible, improperly assigned disabled students to... Justiciability illinoisappellatelawyerblog-1 2008-07-31T21:41:45-06:00 Illinois Constitutional Convention Debate Broadcasting Live And Available On Podcast http://www.illinoisappellatelawyerblog.com/2008/07/illinois_constitutional_conven.html At the November 2008 election, Illinois voters will get a once every 20 years chance to vote on whether they want to have a state constitutional convention. The question will be debated by pundit Bruno Behrend (proponent) and lawyer Al... Politics? illinoisappellatelawyerblog-1 2008-07-24T22:19:02-06:00