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Articles Posted in Law of the Case

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Law-Of-The-Case Doctrine And Appellate Mandate Direct Trial Court’s Actions On Remand

The Drapers owned and lived on a property in a historic area north of Chicago. The property was subject to a conservation easement. The Drapers were allowed three amendments to the easement to alter the property and the home. Their neighbors, the Bjorks, took offense to the amendments and the…

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Law-Of-The-Case Doctrine Does Not Bar First District Illinois Appellate Court From Considering Existence Of Contract

John Miller sued a real estate broker and the seller of a residential property over a dispute that arose when Miller thought he had bought a house. Miller claimed the seller breached a contract. He claimed that the brokerage was guilty of interference with prospective business advantage. The trial court…

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First District Illinois Appellate Prevents Second Bite At The Apple. “Law Of The Case” Prevails.

This wrongful death action grew out of a private airplane crash. The estates of the four people who died in the crash, sued the municipal owners and operators of the airport, Alberto-Culver, the owner of the plane, and Aon Aviation (a service provider). The municipal defendants moved for, and were…

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Illinois Supreme Court Rules Law Of The Case Doesn’t Apply. Court Decides No Remand In Favor Of Its Own Review.

Plaintiff’s vacation to Africa was ruined by rain storms. He sued the travel agent, claiming the agent had a fiduciary responsibility to disclose his financial interest in assuring plaintiff did not postpone the trip. The case took two trips to the appellate courts. The first time on appeal, the appellate…

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