Suffering from writer’s block? Low energy day? Shake up your axons and dendrites. This video is better than caffeine. Write your appellate briefs like Dona Oxford boogies.
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Illinois Appellate Lawyer Blog
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Unsuccessful Candidate’s Reconsideration Request Under Wrong Statute Tolls Time To Appeal Defamation Dismissal
John Garrido lost an election to the Chicago City Council to John Arena. Garrido claimed he was defamed because Arena distributed campaign literature and advertisements that had “outright lies” about Garrido. Garrido sued Arena, but the trial court dismissed the case based on the Illinois Citizen Participation Act. (The Act…
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Mother Has Appellate Standing To Dispute Dismissal Of Acknowledged Father
The State of Illinois filed a petition claiming parents neglected their child, N.C., and asking to have the State bcome N.C.’s guardian. Alfred had acknowledged he was N.C.’s father. But a DNA test proved otherwise, so the State asked the trial court to dismiss Alfred, which it did. The trial…
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Explain Yourself In Your Subhead
We are nothing if not current. An article published in 2003 about effective subheadings, available here for the clicking, was referenced at the top of a “legal writing” Google search I just did. Authors Kara Thompson and Zach Brez for the Writing Center at the Georgetown University Law Center, did…
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Railroad’s Time To Appeal Not Tolled By Post-Trial Request For Setoff
Railroad employee Anthony Williams was injured at work. He sued BNSF Railway, his employer, and got a judgment for $2.6 million. Claiming there were more than 40 errors at the trial, BNSF asked the trial court to decrease or throw out the verdict. The company also asked for a setoff…
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Ninth Circuit Appellate Practice Guide Posted
The Appellate Lawyer Representatives’ Ninth Circuit Practice Guide is available for the downloading from the Ninth Circuit’s web site. It’s a how-to for preparing and filing a brief in the federal appellate court out yonder in California. But it’s chock full of good tips no matter what jurisdiction you find…
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Wrong Court, Late Filing, Bad Service Deprive Appellate Court Of Jurisdiction Over TRO Appeal
Nadeem Nizamuddin was expelled from school. He asked for and received a temporary restraining order against Community Education in Excellence, the operator of the private school, staying the expulsion at least until after a preliminary injunction hearing. Excellence appealed the restraining order. But its appeal was dismissed for failure to…
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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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Appeal Of Class Certification Gets Abuse-Of-Discretion Review
Poolman of Wisconsin services and sells swimming pools, hot tubs, and fireplaces. Through a third-party, the company faxed an unsolicited advertisement to UESCO Industries, a company that manufactures cranes. Angered at Poolman‘s advertising method, UESCO sued Poolman under a federal law that prohibits unsolicited fax advertisements.UESCO asked for class action…
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Fax Filing Of Reconsideration Request Insufficient To Toll Time To Appeal
Myqerem Shatku sued Wal-Mart Stores for negligence. The trial court granted her motion to voluntarily dismiss the case in October 2010. A little more than a year later, Myqerem asked the trial court for permission to re-file her complaint.Wal-Mart responded by asking the court to dismiss Myqerem’s request. The trial…