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Articles Posted in Civil Procedure

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Illinois Appellate Court Pierces Corporate Veil and Awards Attorney Fees

The Illinois Appellate Court for the First District has affirmed a judgment that pierced the corporate veil of a closely held corporation and then awarded the plaintiff attorney fees connected to this litigation. The case was reported to be one of first impression in Illinois. Steiner Electric sold electrical products…

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Illinois Supreme Court Abolishes the State’s Long-Standing Common Law Public Duty Rule

The Illinois Supreme Court has reversed a decision by a trial judge and the Illinois Appellate Court that dismissed a lawsuit against the East Joliet Fire Protection District regarding the death of Coretta Coleman. Her family claimed that the defendant, East Joliet Fire Protection District and its ENTs, were both…

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Illinois Appellate Court Chooses Shorter Statute of Limitations to Bar Spoliation Claim

A house fire severely injured two individuals, Estella Wofford and Leo Seay. The fire was caused by longstanding electrical problems. The claims made by Wofford and Seay were hampered because the landlord’s insurance company, its investigators and the contractor it hired to remove the fire debris destroyed important evidence, including…

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Substitution of Judge Denied in Medical Malpractice Case That Was Previously Voluntarily Dismissed and then Refiled

The Illinois Supreme Court has affirmed a decision of a trial judge who denied a motion for substitution of judge that is usually a matter of right under 735 ILCS 5/2-1001(a)(2)(ii). In this case, the special administrator of the Estate of Bowman, Connie Bowman, filed a medical negligence case against…

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Illinois Appellate Court Finds That Non-Guardian Spouse Has No Standing to Oppose Authorization by the Ward to File For Divorce

In an Illinois Appellate Court decision of first impression, it was found that a non-guardian spouse cannot challenge a guardian’s petition to seek an order to bring dissolution of marriage action on behalf of the ward in the probate court. Previously in the Illinois Supreme Court case of Karbin v.…

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Illinois Appellate Court Clears Up Procedural Error as to Final and Appealable Orders

Mark Harreld brought a personal-injury lawsuit against Lou Butler and DVBC Inc., but on Sept. 16, 2013 a Kane County Circuit Court judge granted the city of Elgin‘s motion to dismiss DVBC’s third-party contribution complaint against the city. That order did not include the special language, “There is no just…

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Cook County Circuit Court Judge Calls Out 6-Person Civil Jury Law: Unconstitutional

In a recent Chicago Daily Law Bulletin article, retired Cook County Circuit Court Judge Hon. Dennis Dohm wrote that the clear language found in Illinois’ 1970 Constitution, Section 13 titled “Trial by Jury,” of Article I’s Bill of Rights states that “the right of trial by jury as heretofore enjoyed…

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Illinois Appellate Court Rules in Forum Non Conveniens Case

√On Nov. 4, 2008, Ulrika Bjorkstam and Joseph Daniel Dray were injured in a plane crash in Mexico City. On Nov. 3, 2009, the two injured parties filed a lawsuit against MPC Products Corp and Woodward Inc., which manufactured the horizontal stabilizer actuator that the plaintiffs alleged was faulty in…

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Substitution of Judge Without Cause is Reaffirmed as the Law by Illinois Appellate Court

For more than 20 years, the law under Illinois Code of Civil Procedure §2-1001(a)(2) has been that a party may move for substitution of judge one time without cause as a matter of right.  735 ILCS 5/2-1001(a)(2) Before 1993, the Code of Civil Procedure required that a petition be filed…

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Illinois Appellate Court Clarifies Mailbox Rule Giving It Wider Application

The Illinois Supreme Court has ruled that the mailbox rule applies when filing a notice of appeal. That means that if an appellant seeks an appeal to a higher court, the notice of appeal time is satisfied as long as the notice is mailed to the Clerk of the Circuit Court…

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