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Articles Posted in Invited Error

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Insurer’s Failure To Supplement Deficient Damages Evidence Not Invited Error

Michael Carey and James Fann owned a mixed-use building (residential and dental office) in Chicago, Illinois. The building was substantially damaged in a fire. Carey and Fann made a claim to their insurer, American Family Insurance, but the company denied coverage. Carey and Fann sued American Family. After a bench…

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Failure To Cite To Record Ruins Invited Error and Judicial Estoppel Defenses To Appeal

Gloria Sakellariadis had an automobile accident with Steven Campbell. Three months later Gloria was in another accident, that time with Bruce Walters. Gloria injured her neck, shoulders, and back in both accidents. There was one trial against both Campbell and Walters. While the jury was deliberating, Gloria settled with Campbell…

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American Access Casualty Appeal Waived By Invited Error

Christine Siwek had an accident when she was driving Jerrold Erickson’s car. Christine told the Illinois Department of Transportation about the accident, and identified American Access Casualty Company as her insurer. American told the Department that Christine’s policy had been canceled. Christine claimed she never received a policy cancellation, so…

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“Invited Error” Prevents Med Mal Plaintiff’s Appeal Of Evidentiary Ruling

David Mount had a cardiac arrest that caused brain damage and other injuries. David’s guardians sued his doctors for medical malpractice. A jury concluded that the doctors were not guilty. David’s guardians appealed to the First District Illinois Appellate Court. The appellate court affirmed the judgment in favor of the…

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Invited Error Rule Knocks Out Broker-Dealer Appeal Against Computer Programmers

In this messy lawsuit, a broker-dealer sued its computer programmers and their firm on a theory of civil conspiracy. The programmers moved for summary judgment. The broker-dealer argued that the programmers engaged in tortious acts in furtherance of the conspiracy. But the programmers were granted summary judgment. The broker-dealer appealed,…

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