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Articles Posted in Remand

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Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity

Lake Environmental was doing asbestos removal at Scott Air Force Base in southern Illinois. The State, claiming that Lake had violated regulations, persuaded the Department of Public Health to revoke Lake’s asbestos removal license. Lake asked the trial court to review the department’s decision. But while that review was still…

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Illinois Supreme Court Refuses To Remand Willful-And-Wanton Assertion Against Ambulance Company

Karen Wilkins was making a left turn on a busy street in Oak Lawn, Illinois when she collided with an ambulance owned by Superior Ambulance Service. The ambulance was transporting a patient at the time, but did not have its siren or flashing lights on. Wilkins, injured in the accident,…

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Illinois Supreme Court Dismisses And Remands Medical Malpractice Appeal Taken Under Voided Statute

Donald Cookson sued Todd Price, a physical therapy assistant, and the Institute for Physical Medicine, Price’s employer, for medical malpractice. As required by an Illinois statute, Cookson filed an affidavit and a report by a physician swearing to Price’s malpractice. But Price claimed the affidavit did not comply with the…

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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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Dismissal Of Election Law Complaint Remanded To Board For Lack Of Fact Findings

Mark Thompson filed a complaint in the Illinois State Board of Elections against Elizabeth Gorman. Thompson claimed Gorman filed false reports concerning loans and financing of a campaign for elected office. After a closed preliminary hearing, the Board examiner “recommended that petitioner’s [Thompson] complaint be found not to have been…

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Trial Court Retains Jurisdiction After Appellate Remand To Firemen’s Board

Patricia Jelinek and Jamie O’Callaghan, both widowed spouses of firemen, disputed whether the Firemen’s Retirement Board awarded them the proper benefit. Their husbands died while they were receiving duty-related benefits for injuries they suffered as firemen. The Board granted them less than they felt they were entitled to, so, as…

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Rules After Remand; Jurisdiction Over Fee Petition After Appeal Notice Is Filed

Two important rulings arise from this landlord-tenant dispute. After remand from the appellate court — which did not include instructions for how to proceed — the tenant asked the trial court for leave to amend its complaint to add a new item of damages. The trial court denied the tenant’s…

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No Appellate Standing For Knox County Employees Being Investigated; Appellate Court Lacks Supervisory Authority To Order A Special Prosecutor On Remand

This lawsuit grows from a political fight in Knox County, Illinois. After he took office as Knox County State’s Attorney, John Pepmeyer began an investigation into “improprieties” by current and former county employees of the county state’s attorney’s and sheriff’s offices. Two Assistant State’s Attorneys, Dean Stone and Michael Kraycinovich,…

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7th Circuit Dismisses Appeal Of Remand After District Court Denies Immunity Request

James Foster claimed he was beaten by Corpsman Kirk Hill at a Naval Training Center. Foster sued Hill in the Illinois state court. Invoking the Westfall Act (United States shall be substituted as a party when a federal employee is sued in tort for actions in course of employment, if…

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