Wallace Leyshon was fired from his job for cause by Diehl Controls North America. Leyshon sued Diehl for, among other things, defamation. A jury awarded Leyshon $2 million in compensatory damages and $10 million in punitive damages. Diehl asked the trial court to lower the punitive damages verdict, which it…
Firefighter Edward Lindemulder suffered from permanent, irreversible chronic obstructive pulmonary disease. The City of Naperville, Illinois put Lindemulder on medical leave because his COPD prevented him from performing the essential functions of his job. Lindemulder applied for line-of-duty or occupational disease disability benefits. He claimed his COPD was caused or…
Michael Russell died in a helicopter crash. His estate sued SNFA, a French company that manufactured the part of the helicopter the estate claimed was defective and caused the crash. SNFA claimed the trial court did not have personal jurisdiction over the company, and so asked the court to dismiss…
Shell Oil Company’s pipeline leaked thousands of gallons of gasoline onto the Danhausen Farm in Kankakee County, Illinois. The lawsuit against Shell turned into a class action. After Shell and the class reached a settlement, the trial court appointed a former judge as Settlement Administrator to recommend an allocation of…
What is the standard of review for a dismissal with prejudice for failure to file a report from a health care professional within 90 days of filing of the complaint? The Second District Illinois Appellate Court requires de novo review. Although we typically review the dismissal of a complaint with…
Shoreline Towers Condominium Association sued Debra Gassman, claiming she “waged a campaign of harassment and intimidation against Shoreline.” Gassman had sued Shoreline, and had filed complaints with government agencies, asserting the association had engaged in religious discrimination. The dispute arose when Shoreline removed a mezuzah Gassman placed at the doorpost…
Writing an appellate brief? Here are some helpful excerpts from recently published opinions regarding standards of review in the Illinois appellate courts. (1) Figueroa v. Deacon, No. 1-09-1844, First District Illinois Appellate Court (8/25/10). Re substantial compliance with a statute: “Whether there is substantial compliance with a statutory provision is…
Clarence Domingo sued the builder of his house, Vito Guarino, for breach of contract and violation of the Illinois consumer fraud act. Clarence got a default judgment, which Vito tried to get vacated under Illinois Code of Civil Procedure § 2-1401. The trial court held an evidentiary hearing on Vito’s…
This is an important Illinois case inasmuch as it has generated one of just a handful of appellate opinions that deal directly with the law as applied to internet use and political speech. Donald Maxon claimed he was defamed by comments posted by unidentified members of the public on a…
The standard of review of an appeal under the Illinois Foreclosure Law is de novo. But “it is foreseeable that in a case in which a trial court has held a full evidentiary hearing on a motion to appoint a receiver, this court could find that an abuse of discretion…