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Articles Posted in Civil Procedure

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U.S. District Court Affirms Dismissal of Wrongful Death Case Because of the Bar of a Direct Action Against Decedent’s Employer

A tire company will not face a lawsuit involving the wrongful death of one of its employees who was killed in a truck crash. U.S. District Judge John Z. Lee wrote the opinion dismissing a wrongful-death lawsuit and survival claims against Pomp’s Tire Service Inc. on behalf of the Estate…

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U.S. Supreme Court Resolves Issue on Whether State Law Operated as Substantial Impairment of Contract

The contract clause of the United States Constitution restricts the power of states to disrupt contractual arrangements. It provides that “No state shall  pass any . . . law impairing the obligation of contracts.” U.S. Const., Art. I, ¶ 10, cl. 1. This was a case about life insurance proceeds.…

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State Supreme Court Affirms Dismissal on Summary Judgment for the Injuries Sustained on Property Owned by Defendant

Skylar Dimick was injured when he fell into a septic tank on the property owned by the defendant Scott Hopkinson. Dimick and his wife filed a negligence lawsuit against Hopkinson and his businesses, family trust and his wife, Chris Hopkinson. In addition to the negligence count, the Dimick lawsuit also…

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U.S. Court of Appeals Reverses Decision on Service by Publication

The defendant in this federal lawsuit owned two homes. One was in California and the other was in Wisconsin. Craig Cunningham filed a lawsuit against Michael Montes and tried to serve Montes at his Wisconsin address. No one came to the door. The process server called Montes; he refused to…

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Illinois Appellate Court Affirms Negligent, Willful and Wanton Misconduct When Individual Beats Plaintiff with Briefcase After Encounter on Roadway

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 encounter on the street. Dahms appealed arguing that the trial judge erred in relying on his prior criminal conviction…

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Hybrid High/Low Agreement Results in $500,000 Settlement in Work Injury Trial

Cameron Hansen, 48, was a cement mason working at a construction site at Loretto Hospital at 645 Central Ave. in Chicago. The defendant in this case was Stone Mountain Access Systems Inc., which was the company that provided the scaffolding at the job site. Stone Mountain was responsible for designing…

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Illinois Appellate Court Affirms Summary Judgment in Favor of Defendant in Dead-Man’s Act Argument

Kathleen Waldeck was driving a car that was alleged to have rear-ended the car of the plaintiff, Andice Peacock, causing her injuries. Peacock had alleged that her car was rear-ended by Waldeck while waiting for a stoplight to turn green. The lawsuit alleged that Peacock’s vehicle was stopped at a…

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Illinois Supreme Court Enters Order for Mandatory E-Filing

By July 1, 2017, e-filing of civil cases in Illinois will be mandatory for the Illinois Supreme Court and Illinois Appellate Courts. Beginning Jan. 1, 2018, e-filing of civil cases will be mandated for all Illinois courts. The Illinois Supreme Court entered an order this year, M.R.18368, which set the…

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Illinois Appellate Court Affirms Summary Judgment in a Premises Liability Case

Raymond Berke fell in the vestibule of an apartment building where he and his wife were staying with friends. A doorman heard but did not see him fall. There were no eyewitnesses. He suffered spinal injuries that rendered him a quadriplegic. He has no memory of his fall. Berke filed…

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Illinois 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 contract, “in the event of any litigation of any controversy or dispute arising out of or related to this agreement,…

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