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Appellate Court Dodges an Interesting Question: Kallal v. Lyons
June 22nd, 2022
Parents/Plaintiffs, Krista Kallal and Skylar Kallal, brought suit individually and as Next Friends of Their Minor Child, Brooke Kallal against Timothy Lyons, M.D. and other Defendants arising out of injuries to Brooke Kallal which occurred at the tim…
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Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp.
March 17th, 2021
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…
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Plaintiff Lacks Capacity to Sue - Is The Judgment Void?
June 24th, 2020
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…
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With A Suggestion That The Defendant Is Legally Blind – Can Plaintiff Get Defendant’s Medical Records?
July 10th, 2019
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…
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Appellate Court lacks jurisdiction because Notice of Appeal was untimely filed
November 28th, 2017
Download “Civil Practice and Procedure November 2017” and read this article on page 4.
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Sheriff sale purchasers keep the property despite void judgment of foreclosure and sale
August 22nd, 2016
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…
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Publication: Suing certain governmental entities for willful and wanton misconduct just became easier—Illinois abandons the public duty rule
May 11th, 2016
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…
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Can a Spouse Who Occupies a Property As His/Her Residence But Is Not On Title Claim a Homestead Exemption?
November 23rd, 2014
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…
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Publication: Appellate jurisdiction during pendency of foreclosure: The Illinois Supreme Court clarifies appellate jurisdiction with dissenting opinion
February 1st, 2013
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…
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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?
November 1st, 2012
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…
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