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Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp.

Plaintiff filed a medical malpractice suit against Defendant Hospital. Following a nine-day trial, which the appellate court characterized as a “closely balanced case,” the jury returned a verdict for the Defendant. Plaintiff moved for a new tria… Read More
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Categories: Firm News, Publications

Plaintiff Lacks Capacity to Sue - Is The Judgment Void?

Askew Insurance Group, LLC v. AZM Group, Inc. 2020 IL App (1st) 190179 by Robert Handley BURKE & HANDLEY, P.C. 799 Roosevelt Road, Building 6, Suite 108 Glen Ellyn, Illinois 60137 Procedural History In July, 2017, Askew Insurance Group, LLC filed… Read More
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Categories: Firm News, Publications

With A Suggestion That The Defendant Is Legally Blind – Can Plaintiff Get Defendant’s Medical Records?

Palm v. Holocker 2018 IL 123152 By Robert Handley BURKE & HANDLEY, P.C. 799 Roosevelt Road, Building 6, Suite 108 Glen Ellyn, Illinois 60137 FACTS On October 18, 2014, Defendant, Ruben Holocker struck Plaintiff, Scarlett Palm, a pedestrian crossi… Read More
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Categories: Firm News, Publications

Appellate Court lacks jurisdiction because Notice of Appeal was untimely filed

Download “Civil Practice and Procedure November 2017” and read this article on page 4. Read More
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Categories: Firm News, Publications

Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale

U.S. Bank N.A. v. Rahman, 2016 IL App (2) 150040 Facts On September 29, 2009, U.S. Bank filed its complaint to foreclose a mortgage against Defendant, Syeda Nazia Rahman (Rahman) and others with an interest in the property, on a residential property… Read More
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Categories: Firm News, Publications

Publication: Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule

Coleman v. East Joliet Fire Protection District (In re Estate of Coleman), 2016 IL 117952 Facts On the evening of June 7, 2008, 58-year old Coretta Coleman called 911 because she was having difficulties breathing. Nine minutes later, the ambulance cr… Read More
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“Complex Asset Recovery: Fraudulent Transfers, Charging Orders and More" Seminar Moderated by Robert Handley

Arnstein & Lehr LLP partner Sandra A. Franco, program coordinator for the Illinois State Bar Association’s Commercial Banking, Collections and Bankruptcy Section, invited colleagues to attend “Complex Asset Recovery: Fraudulent Transfers, Cha… Read More
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Can a Spouse Who Occupies a Property As His/Her Residence But Is Not On Title Claim a Homestead Exemption?

GMAC Mortgage, LLC v. Arrigo, 2014 Il App (2d) 130938 (2014) by: Robert Handley BURKE & HANDLEY, P.C. 1430 Branding Avenue, Suite 175 Downers Grove, Illinois 60515 GMAC Mortgage, LLC filed a mortgage foreclosure against Nicholas A. Arrigo and Len… Read More
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Publication: Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion

Robert Handley published an Article analyzing the decision of EMC Mortgage Corporation v. Kemp, 2012 IL 113409 where the Illinois Supreme Court, over the Dissent, held that, although as a general rule a void Order can be attacked at any time, the fac… Read More
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Publication: When dispositive motions are not served on counsel of record but that counsel failed to obtain leave of court to appear—What happens?

Robert Handley published an Article analyzing J.P. Morgan v. Straus, 1 2012 IL App (1st) 112401. This case discussed what happens when a dispositive motion was not properly served and the movant did not obtain leave of court to appear. View the full… Read More
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Categories: Firm News, Publications

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