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Illinois Appellate Lawyer Blog

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Death Of Fireman’s Widow Does Not Moot Her Appeal Of Retroactive Annuity Benefits

Michael Hooker suffered a debilitating injury while working for the Chicago Fire Department. After he died two years later, his widow, Elaine, applied to the Retirement Board of the Firemen’s Annuity and Benefit Fund for widow’s benefits. She was awarded a minimum annuity, but she felt the Board did not…

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One Notice Of Appeal Gives Appellate Jurisdiction Over 32 Plaintiff Appeals in Truck-Train Collision Case

A proliferation of lawsuits was filed after a collision between a truck carrying a load of metal rebar and an Amtrak passenger train. A number of passengers were injured, and some died in the accident. Cases by 32 passengers or their representatives were filed in Illinois state court. Debra Dowe’s…

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Tax Preparer Waives Choice-Of-Law Argument In NonCompete Clause Appeal

Zabaneh Franchises bought an H&R Block tax preparation franchise. The purchase included “all interest in the employment and noncompetition agreements with H&R Block’s employees.” Terri Walker had been employed by H&R, but claimed she did not have an employment agreement with Zabaneh. Zabaneh claimed the Terri violated the employment agreement…

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Continuing Confusion About Appellate Jurisdiction In Illinois Post-Dissolution Divorce Proceedings

Elizabeth Demaret got a better job in New Jersey, so she wanted to move there from Illinois with her children. She had sole custody of her four children. James, her ex-husband, had parenting time in accord with a parenting agreement that an Illinois trial court incorporated into the divorce judgment.…

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Refusal To Modify Divorce Judgment Not Appealable Because Of Other Pending Issues

Arthur and Shirley Susman got divorced. The divorce judgment incorporated a marital settlement agreement, which reserved two subjects to be resolved later: (1) certain tax liabilities, and (2) allocation of certain personal property. A few months later, Arthur asked the trial court to modify the judgment. He claimed there had…

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Injured Party’s Appeal Dismissed For Violations Of Appellate Brief-Writing Rules

Peggy Lee Hall claimed she was injured when she slipped on ice in a parking lot owned by Naper Gold Hospitality LLC. She sued Naper, but the company got summary judgment because Hall did not show facts that there had been an unnatural accumulation of ice. Hall appealed Naper’s summary…

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Real Estate Broker’s Appeal Dismissed For Lack Of Compliance With Local E-Filing Rules

While their divorce case was pending, Robert and Cindy Andrews signed a listing agreement to sell their house. The real estate broker, VC&M, found a buyer. But the Andrewses rejected the offer, which was for less than their asking price. Instead, Cindy decided to stay in the house, so she…

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Appellate Jurisdiction Okay Despite Incomplete Notice Of Appeal

Diane Borchers was the food service director at Mayslake Village, a senior citizen housing facility. Borchers used the company email system to communicate with vendors and other Mayslake employees. While she was on disability leave, two Mayslake employees accessed some of Borchers’s personal emails. The emails were in Borchers’s personal…

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