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…
We pick up today with the second part of the Illinois Supreme Court’s opinion in Republican Party v. Illinois State Board of Elections. (The entry directly below explains the important facts and the court’s ruling that it has power to review tie votes rendered by the Board.) The supreme court…
Molly, a dachshund, was mauled by Cosmo, a Siberian Huskie. Mark and Mindy Leith, Molly’s owners, sued Andrew Frost, Cosmo’s owner, for tortious damage to property. After a bench trial, a judge awarded nominal damages to Mark and Mindy. They thought they should have been awarded the several thousand dollars…
Two children died after they were trapped by a “quick” condition at an excavation pit. They became stuck in sand and clay at the pit, and died of hypothermia or drowning. The children’s estates sued the owner of the excavation pit, who tendered the claims to his insurer. The insurer…
David Naleway and his minor daughter sued the girl’s aunt, Karen Agnich, for defamation after Agnich accused David of sexually abusing the daughter. David and daughter appealed from a jury verdict in favor of Agnich. Two issues are notable for appellate practitioners. During the trial, Naleway tried to introduce a…
Sandra Downey sued her doctor, Gary Dunnington, for medical malpractice when a mastectomy and reconstruction he performed resulted in permanent disfigurement. After a jury trial, judgment was entered for Dunnington. On appeal, Sandra argued that it was reversible error to admit evidence that Dunnington’s father was a minister and his…
Edmond Jones sued Nissan because, he claimed, the car he bought was a lemon. The purchase agreement required Jones to submit his claim to an automotive complaint resolution program before he was allowed to sue in court. He did that twice, and twice his claim was dismissed. It was dismissed…
Judy Anderson died while in care of Rush-Copley Medical Center. Her estate sued Rush for medical malpractice. In discovery, Rush refused to turn over two categories of documents: medical journal articles and an Action Plan. Rush claimed the documents were used in connection with a peer review and therefore were…
The Illinois Environmental Agency awarded a pollution discharge license to U.S. Steel Corporation. American Bottom Conservancy filed an objection to the award to the Illinois Pollution Control Board. American Bottom objected because the Agency did not hold a public hearing concerning the issuance of the license. The Illinois Pollution Control…
Priscilla Rosolowski was the named plaintiff in a class-action lawsuit against Clark Refining and Marketing. The class consisted of residents who lived near Clark’s oil refinery. They claimed the refinery was a nuisance. A first trial judge certified the class. A second trial judge denied Clark’s motion to decertify the…