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Appellate Law

Illinois Appellate Lawyer Blog

Covers Appellate Advocacy, Constitutional Analysis, Cross-Appeal, Federal Appellate Rules, Illinois Supreme Court Rules, Interlocutory Appeals, and Podcasts.
By Steven R. Merican

Post Frequency: 4.1/day

Last Entry: March 27, 2011 at 19:59:51

Appellate Court Reviews Trial Court?s Actions On Remand De Novo

Posted on April 11, 2008
This doesn?t come up often, but the rule is good to keep tucked away for when you need it. In this medical malpractice case, the question on appeal involved the trial court?s actions after an earlier remand from the appellate court. The First District Illinois Court of Appeals stated the scope and standard of review...

Procedural Unconscionability Reviewed By Manifest Weight; Substantive Unconscionability Reviewed De Novo

Posted on April 07, 2008
Ozma Tabassum sued Javed Younis were married in Canada and had one child, Azra. They moved to Illinois, where their relationship took a turn for the worse. Ozma took Azra back to her family in Canada. While in Canada, Ozma and Javed negotiated a postmarital agreement...

Accident Victim Can Appeal Her Lawyer?s ?Good Cause? To Widthdraw

Posted on March 30, 2008
Victoria McGill hired Friedman & Solmor to represent her in her auto accident case. The law firm represented Victoria on a contingent fee arrangement until about one month before trial was scheduled. The firm withdrew as a result of a dispute with Victoria over whether to accept a settlement offer...

First District Illinois Appellate Court Says Coadministrator Of Estate Cannot Appeal As An Individual

Posted on March 27, 2008
This wrongful death and survival action was filed on behalf of the estate of Rashidi Walker. Rashidi died during football practice at Northwestern University. His mother, Linda, and his father, George Wheeler, Jr., were coadministrators of Rashidi?s estate...

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Summary Judgment Sustained On Argument Trial Court Did Not Consider

Posted on March 24, 2008
Glen Howard had an argument with his roommate, Bethany Firmand. After Bethany brought two order of protection proceedings against Glen, he sued Bethany for malicious prosecution. A summary judgment was entered in Bethany?s favor because she ?had probable cause as a matter of law to initiate the underlying civil proceedings against Howard...

Urgent Reminder! Appellate Law Seminar In DuPage County, Illinois On March 31, 2008

Posted on March 24, 2008
Earn continuing legal education hours and hear a terrific panel of speakers on appellate law and practice by attending ?A Blue Ribbon Panel On Appellate Advocacy.? Sponsored by the DuPage County Bar Association, the seminar will take place at noon on March 31, 2008 at the Attorney Resource Center at the DuPage County, Illinois courthouse...

Violation Of Discovery Rule Deemed A Question Of Law

Posted on March 20, 2008
In Boyd v. City of Chicago, No. 1-06-0358 (12/5/08), the trial court precluded testimony of a fact witness. In Boyd?s appeal of an adverse jury verdict, he claimed the trial court improperly precluded his witness?s testimony as a discovery sanction. The appellate court identified the standard of review: ? Whether a party violated a discovery rule is an issue of law that we review de novo?...

Failure To Claim Prejudice Destroys ?Plain Error? Argument

Posted on March 17, 2008
In this intercontinental visitation battle, Alixio Khazal claimed ?plain error? was grounds for reversal of the trial court?s decision to permit the mother visitation of their child in the United Arab Emirates. The dispute centered on the guardian ad litem?s oral report given at a pretrial conference, which included a recommendation to allow visitation in the UAE...

First District Illinois Appellate Court Defines Standards Of Review For Motion For New Trial And For Judgment Notwithstanding Verdict

Posted on March 11, 2008
Heather Addis sued Exelon for retaliatory discharge. Unhappy with the jury?s defense verdict, Addis moved for judgment notwithstanding the verdict and for a new trial. After those motions were denied, Addis appealed. The First District Illinois Appellate Court ruled that the two issues had different standards of review on appeal...

First District Illinois Appellate Court States Standard Of Review For Class Certification

Posted on March 07, 2008
Affirming certification of a class of plaintiffs who allegedly were overcharged by a moving company, the First District Illinois Court of Appeals stated the standard of review for class certification: ??The trial court has broad discretion to determine whether a proposed class satisfies the requirements for class certification and should err in favor of maintaining class [certifications]...

Illinois Supreme Court Rules De Novo Standard Of Review Applies To Permissive Review Of Conflict Of Law Question

Posted on March 05, 2008
Michelle Townsend brought a product liability case Sears Roebuck on behalf of her minor son Jacob. Jacob was badly injured when he was run over by a lawn tractor operated in his yard. Sears allegedly designed and manufactured the tractor. The accident happened in Michigan, where Michelle and Jacob resided...

For A Really Good Time With Appellate Lawyers In DuPage County, Illinois . . .

Posted on March 04, 2008
Attend the DuPage County Bar Association Appellate Law and Practice Committee Luncheon Seminar on March 31, 2008, Noon to 2:00 p.m. (Full Disclosure: I chair this committee.) The luncheon will feature: A Blue Ribbon Panel On Illinois Appellate Advocacy...

Fifith District Illinois Appellate Court Looks At Waiver, Ex Parte Communication, And Trial Judge Misconduct. First District Appellate Court Reviews Completeness Of Appellate Record

Posted on February 28, 2008
A couple of quick hits today. In a medical malpractice case, the Fifth District Illinois Appellate Court had this to say about the waiver rule: ??It is well established that both an objection at trial and a written post[ ]trial motion raising the issue are necessary to preserve an alleged error for review...

Employer?s Failure To Sufficiently Raise Position In Trial Court Results Waiver On Appeal

Posted on February 24, 2008
In a lawsuit in Missouri, Cambridge Engineering got an injunction against a former employee from engaging in sales-related activity for his new employer, Mercury Partners. Cambridge then sued Mercury in Illinois for tortious interference with contract...

No Forfeiture Of Appeal Where Plaintiff?s Amended Complaint Does Not Include Defendant-Appellees

Posted on February 21, 2008
Plaintiff was arrested for shoplifting at a Wal-Mart. After his arrest by the Forest Park Police, he committed suicide in his jail cell. His estate sued the police department and one of the police officers, as well as Wal-Mart and a number of its employees...

Fourth District Illinois Appellate Strikes Brief For Lack Of Citation To Record Or Authority

Posted on February 19, 2008
In Crull v. Sriratana, the Illinois Fourth District Appellate Court serves a sobering reminder that all arguments must be supported by record citations and legal authority. In Crull, a medical malpractice case, the appellate court struck plaintiff?s reply brief for lack of appropriate citations...

Special Representative Gets Bonus Time To Appeal

Posted on February 14, 2008
LeRoy Voga sued his son, Lyle, to collect on a defaulted promissory note. After LeRoy got a judgment, Lyle?s former wife, Teresa, , intervened to quiet title to real property she had been awarded in her divorce proceeding with Lyle, seeking to prevent LeRoy from levyng on the property...

Illinois Supreme Court To Review IRMO Gutman. Is Civil Contempt Petition A Separate Claim From Underlying Divorce Case?

Posted on February 11, 2008
I mentioned IRMO Gutman in my January 3, 2008 entry regarding IRMO Knoerr. In IRMO Knoerr, the Second District Illinois Appellate Court overruled IRMO Gutman, which was only two months old at the time. On January 30, 2008, the Illinois Supreme Court announced it will review IRMO Gutman...

Good Times With Appellate Lawyers In Chicago

Posted on February 09, 2008
The Illinois Appellate Lawyers Association will present Brooks Davis speaking about Abraham Lincoln and Stephen A. Douglas. Here is the Association?s description of the event: The lifelong rivalry between these Illinois lawyers extended from Mary Todd?s parlor to the floor of the Illinois House of Representatives, across the bench of the Illinois Supreme Court, to the campaigns for U...

First District Illinois Appellate Waffles Between De Novo and Abuse of Discretion Standards In Interlocutory Appeal

Posted on February 08, 2008
Blockbuster was sued in class action cases that alleged the company imposed improper penalties on customers who kept videos or DVDs longer than the prepaid period. In a Texas case, which had a class similar to the Illinois case, Blockbuster settled after the class was certified...

Temporary Removal Of Guardian Not Reviewable

Posted on February 03, 2008
Glen Dresher?s son, 35 years old, was developmentally disabled and autistic. In 2001, Dresher was convicted of attempted murder when he struck his wife with his car several times. In 2006, Roseanne Dresher moved to have Glen removed as guardian of their son?s estate...

Slightly Defective Certificate Of Service Does Not Deprive Illinois Appellate Court Of Jurisdiction

Posted on January 29, 2008
In an insurance coverage dispute, Illinois Farmers moved to dismiss Secura Insurance?s appeal for lack of jurisdiction. Farmers argued that Secura?s Notice of Appeal, mailed to the court the 30th day after the judgment, was deficient because the certificate of service did not state the time of mailing, a requirement of Illinois Supreme Court Rule 12(b)(3)...

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