Jerry Slovinski sued James Elliot, the CEO of Slovinski’s former employer, for defamation. Slovinski claimed that disparaging and untrue remarks were made about him by Elliot to one of the company’s suppliers. A jury awarded Slovinski $81,600 for compensatory damages, and $2 million for punitive damages. The trial court thought…
Discovery orders in Illinois generally are not immediately appealable. But a party can get an immediate appeal by refusing to comply with the order and then being held in contempt of court for doing so. The contempt order is immediately appealable. The Second District Illinois Appellate Court recently stated this…
Brad Barnes gave Rose Michalski $27,000. He said the money was a loan and he wanted repayment. She said the money was a gift, and refused to pay. Brad sued Rose for the money. The case was tried to a judge without a jury. After Brad put on his evidence,…
Donald Pence tripped as he walked across the railroad tracks, and fractured his wrist and shoulder. He sued the railroad for poorly maintaining the area. The railroad asked the trial court for summary judgment. The court denied the request, but on reconsideration gave the railroad summary judgment. Pence appealed. The…
I get this question a lot: What is the standard of review for interpretation of a state supreme court rule? Here’s the answer: “Because Garlock’s argument involves the construction of a supreme court rule, our review is de novo … When interpreting a supreme court rule, a reviewing court should…
In this medical malpractice case, the appellate question is what standard of review applies to an order denying a request to change venue. Margie Kaiser had surgery at St. Joseph’s Hospital in Clinton County, Illinois. She had internal bleeding that did not resolve after the operation. She was transferred to…
Michael Head, a resident at a public housing apartment in Chicago, was arrested for possession of marijuana. His apartment lease prohibited him from participating in illegal drug-related activity. The Chicago Housing Authority was allowed to terminate the lease if Head was in violation. The police took the evidence against Head…
Howard Agins died of cancer. His estate sued his doctor for failure to evaluate, diagnose, and treat the condition. During trial, the circuit court ruled the Estate waived its right to bar certain of the doctor’s testimony under the Illinois Dead Man’s Act, which ordinarily would prohibit the doctor from…
A construction contractor sued a homeowner for labor and materials used in remodeling work. The homeowner defended by claiming the contractor did not comply with the Illinois Home Repair and Remodeling Act: there was not a signed contract; the contractor did not give the homeowner the required consumer-rights brochure. Those…
Back from the DL. Let’s catch up. Answering a question of first impression, the Illinois Supreme Court established the standard of review “on the question of whether a provision in a trust document or will is void as a matter of public policy.” The court ruled that a de novo…