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Forum Selection Clause and Contract Enforced; Entec International N.A. v....
The Illinois Appellate Court has affirmed a decision of a Cook County Circuit Court judge with respect to the forum-selection clause found in a service contract. MillerCoors, headquartered in Chicago,...
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Plaintiffs Beware of Voluntary Dismissal and Refilling Under 735 ILCS...
Great caution must be taken when multi-count lawsuits are filed and a voluntary dismissal considered. Suppose one of the three counts of the complaint turns out to be unsustainable and a voluntary...
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Illinois Gov. Pat Quinn Signs Bill into Law Amending Code of Civil Procedure...
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...
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Illinois Appellate Court Rules Church Club Has No Immunity Under the Illinois...
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...
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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...
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Illinois Appellate Court Affirms Dismissal of a Lawsuit with Prejudice when...
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...
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Illinois Appellate Court Clears Up Procedural Error as to Final and...
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...
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Substitution of Judge Denied in Medical Malpractice Case That Was Previously...
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...
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Illinois Appellate Court Affirms Dismissal of Case for Forum Non Conveniens;...
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,...
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Illinois Appellate Court Affirms Decision Dismissing Case Where It Was Found...
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...
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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...
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Illinois Appellate Court Chooses Shorter Statute of Limitations to Bar...
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...
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Illinois Appellate Court Affirms Striking of Expert Witness Affidavit for...
On July 15, 2008, Friehiwet Tahir was standing on the Chicago Transit Authority’s Argyle L station platform. As the train approached the station, Friehiwet extended her right arm into the train’s...
View ArticleIllinois Appellate Court Finds Trial Court Wrong in Applying the “Verdict Test”
A contract was entered into between Beckett Media LLC and OnRamp Technologies to allow Beckett to use OnRamp’s applications and websites for “inventory management and sales solution.” According to the...
View ArticleIllinois Supreme Court Reverses Appellate Court – Asserts Liens Obtained by...
In September 2016, we wrote about the Illinois Appellate Court decision in this case, Manago v. County of Cook, 2016 IL App (1st) 121365. In that case, the Illinois Appellate Court found that liens...
View ArticleIllinois Appellate Court Affirms Negligent, Willful and Wanton Misconduct...
A jury found that the defendant Charles Dahms acted negligently and with willful and wanton misconduct against the plaintiff, Terry Enadeghe, when he beat him with his briefcase during a morning...
View ArticleIllinois Appellate Court Finds Contribution Jury Verdict Form Flawed
Frank Barnai was injured while he was working for Summit Fire Protection Co. on a construction project. He sued the general contractor, International Contractors Inc. (ICI), the owner, Wal-Mart and...
View ArticleIllinois Appellate Court Upholds Defendant’s Right to Assert...
During the discovery of this lawsuit, Scarlett Palm argued that she was entitled to the medical records of defendant Ruben Holocker based on the exception to the physician-patient privilege for “action...
View ArticleIllinois Appellate Court Reverses Dismissal of Intervention Petition Based on...
Teresa Mroczko was employed by A & R Janitorial to do custodial work. On Aug. 17, 2012, she was injured while working at an Illinois Blue Cross/Blue Shield building. A desk, which had been moved...
View ArticleIllinois Appellate Court Reverses Dismissal of Injury Claim Against Personal...
The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The...
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