Brief-writing tips: for the Illinois Appellate Court.Pellegrino, Maria
The appellate court, however, held that the cause of action accrued when "Nolan knew or, in the exercise of reasonable diligence, should have discovered that he had contracted the disease asbestosis due to defendants' acts or omissions which would have entitled him to proceed against them." Th...
a belief in which plaintiff is clearly mistaken. The unambiguous language of the statute provides for criminal liability only where one engages in the prohibited conduct with knowledge, actual or imputed, that the animals had been, or are intended to...
Appellate Decision The Second District affirmed in part the trial judge’s order. Under Illinois law, an individual holding a power of attorney [POA] is a fiduciary as a matter of law. The person designated as a POA agent owes a fiduciary duty to the principal – the person making the de...
BIPA’s consent and data retention requirements, it was not clear if such procedural violations, without any showing of harm or data misuse, were actionable under the statute.Rosenbachwas the first time an Illinois appellate court weighed in on the meaning of an “aggrieved” party underBIPA....
Hinz, Greg
operation of the statute but also allow the methods used to resolve borderline cases to dominate the center of the spectrum, driving out all vestiges of certainty. We emphasized just the other day the importance of having clear rules of appellate jurisdiction. Kennedy v. Wright, 851 F.2d 963...
these affidavits were submitted as attachments to the partnership's brief opposing Mayfair's motion to dismiss; the complaint is devoid of any allegations that Mayfair regularly conducted its business by committing mail and bank fraud. The partnership never asked for leave to amend its complaint, an...
Raymark only belatedly realized that the failure to move for a directed verdict at the close of all evidence foreclosed it from seeking judgment n.o.v. and instead limited its post-trial and appellate remedies for trial errors to a motion for a new trial. See Follette v. National Tea Co...