First District Illinois Appellate Rules Argument Waived For Lack Of Citations

In his dispute with Rush University Medical Center, Dr. Goldberg appealed from an order denying him leave to file an amended complaint. He stated his intention to appeal that order in his Notice of Appeal. But his brief did not contain argument or citation to relevant authorities.

Citing Illinois Supreme Court Rule 341, the appellate court ruled that Dr. Goldberg waived this contention. The court used a two-step analysis: Rule 341 requires a party’s arguments to be supported by citation to authorities. Points not argued are waived. So, the court concluded, the lack of citation necessarily meant the argument was waived.

Read the whole case, Goldberg v. Rush University Medical Center, No. 1-06-1005 (2/20/07), by clicking here.