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Articles Posted in Illinois Civil Procedure

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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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Trucker Killed in Illinois Accident is Denied Illinois Courts

James Langholf was a truck driver for Howe Freightways Inc. On Sept. 13, 2011, he pulled his truck onto the shoulder of Interstate 80 in Iowa after his tractor-trailer broke down. Jesse Inman worked for Hanifen Co. Inc. headquartered in Des Moines, Iowa, as a heavy-duty tow truck driver. He…

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Illinois Appellate Court Affirms Decision Dismissing Case Where It Was Found That There Was No Business Relationship Between the Injured Plaintiff and the Defendant

On March 22, 2013, James McGinley, a delivery driver at the House of Blues in Chicago, was using a freight elevator to deliver heavy boxes of liquor to that location. However, when he was using the elevator, a descending door struck him and injured him. He filed a lawsuit against…

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Illinois Appellate Court Affirms Dismissal of Case for Forum Non Conveniens; No Abuse of Discretion

The Illinois Appellate Court has found no abuse of discretion where the factors were not delineated in an order when a Cook County judge dismissed a case because of forum non conveniens. In this case, on Oct. 24, 2013, in Belvidere, Ill., there was a crash involving a car driven…

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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 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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Illinois Appellate Court Affirms Dismissal of a Lawsuit with Prejudice when the Plaintiffs Chose Not to Ask Leave to Amend Their Complaint

On April 6, 2012, nine graduates from DePaul University College of Law filed a class-action lawsuit on behalf of themselves and all others who were similarly situated against DePaul. They were making claim that the university and particularly its law school violated the Illinois Consumer Fraud Act and committed common-law…

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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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Illinois Appellate Court Rules Church Club Has No Immunity Under the Illinois School Code

During a relay race at a party for members of the Calvary Kids Club (CKC), a running backwards race resulted in an injury to one of the children, who broke both of her arms. The event was sponsored by the Calvary Chapel of Lake Villa. The lawsuit for the injuries…

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Illinois Gov. Pat Quinn Signs Bill into Law Amending Code of Civil Procedure Regarding Settlements

Illinois Gov. Pat Quinn has signed a bill into law that would require defendants in most civil cases to submit to plaintiffs an executed release within 14 days of a written settlement agreement. The new law goes into effect on Jan. 1, 2014. Significantly, the new law will require a defendant…

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