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Appellate Court of Illinois Court Cases
Khan v. BDO Seidman, LLP (2011)
David R. Deary (argued), Carol E. Farquhar, Jeven R. Sloan, Loewinsohn Flegle Deary, LLP, Dallas, James D. Green, Thomas, Mamer & Haughey, LLP, Champaign, Dylan Snapp, Loewinsohn Flegle Deary, LLP, Dallas, for Shahid R. Khan.
Court: Appellate Court of Illinois Docket: 4-10-0504, 4-10-0583
The facts relevant to the issues presented are neither complex nor substantially disputed. The lessees, Jordan Kaiser and Walter Kaiser, filed an action against the lessor, MEPC American Properties, Inc. (MEPC), seeking a declaration of the rights and obligations of the parties under a lease agreement; and MEPC thereafter filed a breach of contract counterclaim against the Kaisers for amounts allegedly due it thereunder. MEPC also sought costs and attorney fees from the Kaisers pursuant to [...]
Court: Appellate Court of Illinois Docket: 87-1094
Stephen C. Neal, P.C., Stephanie A. Scharf, Kirkland Marion B. Adler, Hedlund & Hanley, and Arthur G. Leisten, Stanley L. Ferguson, and Christopher J. McElroy, U.S. Gypsum Co., Chicago, for appellant.
Court: Appellate Court of Illinois Docket: 1-91-0523
Plaintiff, Stella Saunders (Saunders), appeals from the trial court's order granting defendant's motion to dismiss her third amended complaint. Saunders sued defendant, Michigan Avenue National Bank (Bank), after the Bank charged her over $200 for an overdraft of approximately $4.61. Saunders brought the action on behalf of herself and others similarly situated.
Court: Appellate Court of Illinois Docket: 1-94-1047
The following appeal arises over the interpretation of a settlement agreement entered into by plaintiff Perry B. Owens (Owens) and Owens' former company, Utilities Inc. (Utilities). The settlement agreement was reached after a dispute arose between Owens and the senior management and directors of Utilities. Prior to his departure Owens was the chief executive officer of Utilities, a private water utility company he had formed in 1965. In 1988, Owens divorced his wife and was represented in the [...]
Court: Appellate Court of Illinois Docket: 1-99-0677
These consolidated appeals arise from a real estate contract between plaintiff, Robert R. Krilich, and defendant Bongi Development Corporation (Bongi). Krilich filed two motions to dismiss Bongi's multiple counterclaims and affirmative defenses, the trial court granted the motions, and Bongi appeals the dismissals. Krilich appeals an unrelated order in which the trial court dismissed his claim for indemnification against his former joint venturers. We affirm.
Court: Appellate Court of Illinois Docket: 2-01-0921, 2-01-1235, 2-01-1439
Dayan v. McDonald's Corp. (1984)This appeal arises out of a suit brought to enjoin McDonald's Corporation from terminating plaintiff Raymond Dayan's restaurant franchise in Paris, France. Other issues relating to this controversy have been considered twice before by this court. (Dayan v. McDonald's Corp. (1979), 78 Ill. App.3d 194, 397 N.E.2d 101; Dayan v. McDonald's Corp. (1978), 64 Ill. App.3d 984, 382 N.E.2d 55.) After a 65-day trial, the circuit court of Cook County denied plaintiff's request for a permanent injunction [...]
Court: Appellate Court of Illinois Docket: 82-2411
Plaintiffs Marilee and Michael Seef filed a medical malpractice action against defendants Ingalls Memorial Hospital and Dr. Frank Sutkus to recover damages for the wrongful death of their son. Plaintiffs appeal from the circuit court's order dismissing the hospital as a defendant and from the court's judgment on the jury verdict in favor of Dr. Sutkus. We affirm the dismissal of Ingalls Memorial Hospital and reverse and remand for a new trial with regard to Dr. Sutkus.
Court: Appellate Court of Illinois Docket: 1-98-1220, 1-98-2576
People v. Johnson (2008)
On September 23, 2005, a jury found defendant Terrance Johnson guilty of both the first-degree murder of Zhontele Payne and the aggravated battery with a firearm of James Williams; and the jury also acquitted defendant of the attempted murder of Williams. The charges arose out of a drive-by shooting on July 18, 2001 involving rival gangs. On March 2, 2006, the trial court sentenced defendant to consecutive terms of 45 years for the murder and 6 years for the aggravated battery.
Court: Appellate Court of Illinois Docket: 1-06-0833
Plaintiff, Soderlund Brothers, Inc. (Soderlund), appeals from an order granting summary judgment to defendant, Carrier Corporation (Carrier), and from a subsequent order denying plaintiff's motion to reconsider. The counts in plaintiffs' amended complaint for declaratory judgment and other relief that were brought against Carrier presented claims for defamation (count II), tortious interference with prospective economic advantage (count III) and commercial disparagement (count IV). The count [...]
Court: Appellate Court of Illinois Docket: 1-92-4018
This case involves an appeal from the trial court's granting of summary judgment, necessitating that we reexamine the evidentiary foundations required before summary judgment is entered. As part of this reexamination, we will analyze Supreme Court Rule 191 (134 Ill.2d R. 191), dealing with affidavits submitted in support of motions for summary judgment.
Court: Appellate Court of Illinois Docket: 4-90-0686
Obert v. Saville (1993)
Norman H. Lehrer, Maureen Flaherty, Lehrer, Flaherty & Canavan, P.C., Herbert Hill, Law Offices of Herbert W. Hill, Aurora, for Geraldine Obert, Mother, Daniel Obert, Minor, David Obert, Minor, Jessica Obert, Minor, Keith Obert, Jeffrey Saville.
Court: Appellate Court of Illinois Docket: 2-92-0330
Petitioner, Mark Beyer, appeals from the circuit court's order holding him in indirect civil contempt and subjecting him to a period of incarceration for refusing to pay $19,0000 in interim attorney fees to respondent, Nancy Beyer, in violation of the circuit court's order. The circuit court granted respondent's petition for fees, pursuant to section 501(c-1) of the Illinois Marriage and Dissolution Act (Dissolution Act) (750 ILCS 501(c-1) (West 1999)), in the course of an action brought by [...]
Court: Appellate Court of Illinois Docket: 1-99-1676
Plaintiff Lawrence Lucey brought the present action for legal malpractice against defendants Theodore Gertz and the law firm of Pretzel & Stouffer. The trial court dismissed plaintiff's amended complaint with prejudice on the basis that the statute of limitations on the malpractice action had expired. Plaintiff now appeals, arguing the trial court erred in dismissing his complaint and not permitting him to amend his complaint if it was properly dismissed.
Court: Appellate Court of Illinois Docket: 1-96-2659
Thomas F. Tobin, a defense attorney for Syntex Laboratories, Inc. (Syntex), brings this appeal challenging the propriety of a trial court's order finding him in contempt of court. The contempt citation was issued in connection with a product liability action instituted by several plaintiffs against Syntex. Tobin was found to be in contempt of court after he notified the trial court that he would not comply with the court's order barring him from engaging in private, ex parte conferences with [...]
Court: Appellate Court of Illinois Docket: 85-604
Plaintiffs, Dr. Angelo Sorce and his wife, Jo-Ann, appeal from partial summary judgment entered in favor of defendants, Naperville Jeep Eagle, Inc. (Jeep Eagle), and AM General Corporation (AM General), on the issues of revocation of acceptance, breach of warranty, and products liability. We affirm in part and reverse in part.
Court: Appellate Court of Illinois Docket: 2-98-1468
In February 1998, plaintiffs, Marilyn Williams (Williams) and Herman Williams, filed a medical malpractice complaint against Covenant Medical Center (Covenant), alleging that Covenant was negligent in allowing Williams to leave her bed and fall while she was a patient at Covenant. In November 1999, the trial court granted Covenant's September 1999 motion for summary judgment. Plaintiffs appeal, arguing that the trial court erred (1) in granting summary judgment on a basis not sufficiently [...]
Court: Appellate Court of Illinois Docket: 4-00-0332
People v. Beachem (2000)This year, in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the United States Supreme Court issued a decision that penetrates the constitutional foundation of this State's extended sentencing procedures. In this appeal from a summary dismissal of her post-conviction petition, Dionna Beachem (Beachem) challenges the constitutionality of the extended sentence of 90 years she received for first degree murder. The most serious question before us is whether Apprendi [...]
Court: Appellate Court of Illinois Docket: 1-99-0852
Steven B. Bashaw, Steven B. Bashaw, P.C., Oak Brook, John E. Waghorne, John E. Waghorne & Associates, Bloomingdale, for Calaco Development Corp., Nunzio Casalino in Nos. 2-03-0672, 2-03-0699.
Court: Appellate Court of Illinois Docket: 2-03-0672, 2-03-0699
Lawson v. City of Chicago (1996)The plaintiff, Linda Lawson, as mother and special administrator of the estate of Delondyn Lawson, filed the instant wrongful death and negligence action against the defendants, the City of Chicago and Police Superintendent Matthew Rodriguez (the City) and the Chicago Board of Education (the Board), seeking to recover damages resulting from the death of her son, Delondyn, who was shot by a fellow student on the premises of Tilden High School (Tilden). Counts I, II and III against the City [...]
Court: Appellate Court of Illinois Docket: 1-93-2544, 1-93-4359