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Articles Posted in Mootness

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Collateral Consequences Not A Bar To Mootness Doctrine Where Patient Has History Of Illness

This case involved another dispute about whether an involuntary commitment to a hospital and administration of psychotropic drugs was proper. James H. was diagnosed as schizophrenic. The State’s psychiatrist considered James to be a threat to himself and to the public. James was admitted to a hospital against his wishes…

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Collateral Consequences Exception To Mootness Doctrine Applies To Involuntary Commitment Dispute

The police took Joseph P. to the hospital because he was acting emotionally unstable. Against Joseph’s wishes, a trial court later allowed the State’s request that Joseph be involuntarily committed to the hospital and that he be given psychotropic drugs. Joseph appealed the order. He claimed a number of statutory…

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Doctor’s Appeal Not Moot Despite Assignment And Forbearance Agreement

Marsha Dienstag sued her doctor, Lawrence Margolies, for medical malpractice. She claimed that Margolies did not timely diagnose her cancer. A jury agreed, and gave her a verdict for more than$5.9 million. Margolies had an “assignment and forbearance” contract with Dienstag. Dienstag agreed not to seek payment of the judgment…

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Conditional Order Renders Appeal In Attorney Fee Dispute Moot

Clyde Engle was locked in a battle over payment of attorney fees to Foley and Lardner. Foley represented Engle in federal court litigation involving an insurance liquidation. Engle’s unpaid bill was for more than $1.8 million. Engle agreed to pay Foley over time, and pledged his interest in bank stock…

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Involuntary Commitment To Mental Health Center Moot; Illinois Supreme Court Reviews Mootness Exceptions

A trial court committed Alfred H.H. to the McFarland Mental Health Center in Illinois. Alfred appealed the commitment order. But he was discharged from McFarland while the appeal was pending, so the Illinois Appellate Court dismissed the appeal because it was moot. Alfred appealed the dismissal to the Illinois Supreme…

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Lawsuit To Prevent Spending For Stem Cell Research Moot On Appeal

Richard Caro wanted to prevent Illinois funds from being spent for stem cell research. The research had been mandated by the governor’s executive orders. Caro sued the Director of the Illinois Department of Health to prevent him from disbursing funds for that purpose. The trial court ruled that the case…

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Appeal Of Involuntary Admission To Mental Health Facility Dismissed As Moot

In re Alfred H.H. involved a patient who was involuntarily admitted to the McFarland Mental Health Center in Illinois. Alfred appealed the trial court’s ruling that subjected him to the involuntary admission. The trial court’s judgment was limited to a 90-day involuntary admission. That time had passed before the case…

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Possession Order Not Moot Even Though Tenant Vacated And Apartment Re-Rented

This landlord-tenant dispute evoked lots of attention from parties who regularly represent tenants. Beverly Olivier did not pay her rent for her apartment. Circle Management sued her for back rent and possession of the apartment. Beverly and Circle entered an agreed order that required Beverly to pay monthly use and…

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