Examines Illinois Appellate Court ruling that lack of jury trial didn’t outweigh untimely motion nor void judgment made when court had proper jurisdiction
Tag Archives: Illinois Appellate Court
There’s No Place Like Home—Unless You Live Next Door: Venue and Forum in Litigation
December 13, 2021
Analyzes Illinois Appellate ruling denying improper venue and forum non conveniens in case where co-defendant was dismissed after time required to appear
What’s in a Name? The Importance of Defining Your Client’s Role in Insurance Procurement Matters
April 1, 2021
Analyzes the importance of an attorney’s client being legally defined as an insurance producer versus an insurance agent or insurance broker
The Personal Representative of a Disabled Individual Will Now Reap the Benefit of a Longer Statute of Limitations
December 10, 2019
In Illinois, statutes provide protection to a disabled person with respect to the time within which a cause of action for personal injury will accrue. Under traditional legal thought, the cause of action begins to accrue and the statute of limitations begins to run immediately on the date of injury. In cases where the injury […]
Getting Burned by BIPA. The First District Splits with the Second District on the Statute’s Meaning of “Aggrieved”
October 18, 2018
The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most […]
In Campbell v. General Electric, 2018 IL App (1st) 173051, the Appellate Court of Illinois, First District, recently reversed the Cook County Circuit Court’s finding of personal jurisdiction over General Electric (“GE”) in an asbestos case. In directing that GE be dismissed from the case due to a lack of personal jurisdiction, the court struck down […]
Excluding Evidence of Medical Malpractice Lawsuits Filed against Experts Testifying in Medical Malpractice Cases
May 17, 2018
Are you considering retaining an expert, in a medical malpractice case, who has a history of medical malpractice suits being filed against him or her? Have you just deposed an expert in a medical malpractice case and learned that they have been previously sued for medical malpractice? In either situation, you will likely have to […]
Self-Serving Pleadings for Additional Insureds
March 14, 2018
In a recent decision, the Illinois Appellate Court, Third District, considered what should and should not be considered by a trial court when making a determination on a motion to stay a declaratory judgment action on insurance coverage pending resolution of the underlying litigation. Pekin Insurance Company v. Johnson-Downs Construction, Inc., 2017 IL App (3d) […]
Developments in Judicial Estoppel following Seymour v. Collins
October 19, 2017
Judicial estoppel, also known as estoppel by inconsistent positions of law, precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Often, it is asserted as an affirmative defense in a personal injury lawsuit where the plaintiff failed to disclose the existence […]
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim would have been non-compensable as untimely under the law’s repose provisions. The Decedent was allegedly […]