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Illinois Abandonment Law
 
Susan Goldman v. James R. Gagnard and Michelle Gagnard

This case comes to us with a byzantine procedural history, with a certain Jarndyce v. Jarndyce, Dickensian flavor. The litigation has spanned ten years and involves numerous parties, as well as several interlinked proceedings in different tribunals. But the main question

2 Nos. 12-2706 & 13-2045

underlying the appeal is clear: can a party wait indefinitely to try to correct an er... More...
   $0 (06-27-2014 - IL)

United States of America v. Olusola Arojojoye

Olusola Arojojoye participated in a multi‐faceted fraudulent check‐cashing operation involving his creation of fraudulent documents bearing the identities of people and fictitious businesses. After he was caught in the act, he was indicted by a grand jury on a dozen counts related to fraud. He ultimately pleaded guilty to one count of bank fraud in violation of 18 U.S.C. § 1344 and one count ... More...   $0 (06-03-2014 - IL)

Erich Specht v. Google, Inc.

During the dot-com boom of the 1990s, Erich Specht founded Android Data Corporation, and registered the “Android Data” trademark. The company ceased principal operations in 2002, but the Android Data mark remained registered to it. Five years later, Google Inc. rolled out its new Android operating system for mobile phones. Specht responded with this suit against Google,

2 No. 11-3317More...
   $0 (04-04-2014 - IL)

Iain Walker v. Norene Walker

Iain Walker, a citizen of Australia, filed this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., in an effort to compel his wife, Norene, a citizen of the United States, to return the couple’s three children to Australia.

ICARA implements the Hague Convention on the Ci... More...
   $0 (11-16-2012 - IL)

Paula Bonhomme v. Janna St. James

¶ 1 Plaintiff, Paula Bonhomme, filed a seven-count second amended complaint against defendant, Janna St. James, for damages resulting from a fraudulent Internet-based relationship that defendant allegedly maintained with plaintiff for nearly two years. The circuit court of Kane County dismissed with prejudice all of plaintiff’s counts except fraudulent misrepresentation, which it dismissed with... More...   $0 (05-24-2012 - IL)

Kenneth Kidwell v. Joseph S. Eisenhauer

Over the course of six months, Appellant Kenneth Kidwell, a sixteen-year veteran of the Danville, Illinois police department, publicly criticized several departmental officials at two police officers’ union meetings. Roughly during that same time period, Kidwell also committed several violations of departmental policy and was punished accordingly with, among other things, a written reprimand and... More...   $0 (05-23-2012 - IL)

Ross E. McNeill v. Milorad P. Ketchens

¶ 1 Plaintiffs, Ross E. McNeil and Leslie K. McNeil, and one of the defendants, Milorad P. Ketchens, had a dispute over who owned a narrow triangle-shaped piece of the driveway at 609 West Stoughton Street in Urbana. In McNeil v. Ketchens, 397 Ill. App. 3d 375, 395 (2010), we resolved the dispute by holding that although the McNeils had not acquired this sliver of land by deed, they had acquired ... More...   $0 (01-06-2012 - IL)

Florence Crowe v. Ziegler Coal Company

In this case, Petitioner Florence Crowe, the widow of Harold D. Crowe, a coal miner formerly employed by Respondent Zeigler Coal Company (“Zeigler”), seeks review of a decision of the Benefits Review Board (“BRB”) of the United States Department of Labor (“DOL”) affirming a decision of an Administrative Law Judge (“ALJ”) to modify an award of benefits to Mr. Crowe under the Black L... More...   $0 (06-01-2011 - IL)

Nereida Mendez v. Perla Dental and Dental Profile

Plaintiff-Appellee Nereida Mendez brought a complaint against her former employer Perla Dental and Dental Profile (collectively “Perla”) alleging gender discrimination and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq., retaliation in violation of Title VII, assault and battery, intentional infliction of emot... More...   $0 (05-24-2011 - IL)

Eva's Bridal Ltd., and Said Ghusein v. Halanick Enterprises Inc., and Nayef Ghusein

In 1966 Eva Sweis establishedin Chicago a shop that she called “Eva’s Bridal.” It sold dresses for brides and bridal parties. The venture was a success; Sweis allowed her children to open their own shops under the same name. The business passed to Said and Nancy Ghusein (née Sweis), who operate an “Eva’s Bridal” shop in Oak Lawn, one of Chicago’s suburbs. They have continued the pat... More...   $0 (05-10-2011 - IL)

Eva's Bridal, Ltd. v. Halanick Enterprises, Inc.

In 1966 Eva Sweis established in Chicago a shop that she called “Eva’s Bridal.” It sold dresses for brides and bridal parties. The venture was a success; Sweis allowed her children to open their own shops under the same name. The business passed to Said and Nancy Ghusein (née Sweis), who operate an “Eva’s Bridal” shop in Oak Lawn, one of Chicago’s suburbs. They have continued the pa... More...   $0 (05-10-2011 - IL)

Tahir Hassan v. Aqueel Yusuf and Mohammed F. Siddiqui

Defendants Aqeel Yusuf and Mohammed Siddiqui appeal from a judgment of the circuit court of Cook County against defendant Yusuf for fraud, and against defendant Siddiqui for breach of contract, in which the court entered an award of rescission in favor of plaintiff and ordered a return to plaintiff of $168,724.31 for damages. Defendants contend that the judgment of the trial court against defendan... More...   $0 (02-25-2011 - IL)

Ivan Hernandez v. Cook County-Sheriff's Office

The defendants, officers of the Cook County Sheriff’s Office (CCSO) and the Sheriff’s Office itself, appeal from a denial of summary judgment sought on grounds of qualified immunity. We reverse the denial of summary judgment and remand for reconsideration of the qualified immunity defense.

I. Facts and Procedural History

A. Factual Background

The event immediately precipit... More...
   $0 (02-24-2011 - IL)

Wojciech Czarniecki v. City of Chicago

Plaintiff Wojciech Czarniecki was a probationary police officer of the Chicago Police Department from November 2006 until he was dismissed in February 2007. In two federal lawsuits, Czarniecki has alleged that he was improperly dismissed because of his Polish national origin. In September 2007, Czarniecki filed the first suit against the City of Chicago and the Assistant Deputy Superintendent of t... More...   $0 (01-21-2011 - IL)

Enbridge Pipeline (Illinois) L.L.C. v. Michael S. Moore

Before us for decision are consolidated appeals from judgments, all in favor of the plaintiff, in 18 lawsuits brought in two federal district courts in Illinois under the diversity jurisdiction. (Origi2 nally there were 25 suits; three of the other seven were settled; presumably the defendants in the other four simply accepted their defeat.) Illinois law is agreed to govern the substantive issues.... More...   $0 (01-24-2011 - IL)

Clarence Gross v. Town of Cicero, Illinois

Plaintiff Clarence Gross got more than he bargained for when he sued his former employer, the Town of Cicero (“the Town” or “Cicero”), and several related individuals for what he believed to be an unconstitutional firing. The Town countersued and won on a breach of fiduciary duty theory, while defeating Gross’s constitutional claims in the process.

After a bench trial, Gross was s... More...
   $0 (08-28-2010 - IL)

Al's Service Center, et al. v. BP Products North America, Inc.

This suit under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801 et seq., pits a defunct gas station in Oakbrook Terrace (a suburb of Chicago), called Al’s Service Center, against BP, the giant oil company. Al’s’ owner is a coplaintiff, but we need not discuss him separately.

The suit was filed almost seven years ago and has dragged on unconscionably as a result of confused ... More...
   $0 (03-26-2010 - IL)

Eva L. Leavell v. Illinois Department of Natural Resources

Eva Lovene Leavell, individually and as the administratrix of the estate of her deceased

Ms. Leavell and the Department have a long and litigious 1 history. However, because the present appeal is limited in scope, we recount only those facts that are pertinent to, or will aid in the understanding of, the issue presently before us. husband, Daniel Leavell, instituted this action against the ... More...
   $0 (04-06-2010 - IL)

Rex Carr v. Stephen M. Tillery, et al.

Rex Carr, a successful class action lawyer in southern Illinois, is locked in mortal combat with his former law partners, the defendants in a RICO case (with a supplemental state-law claim, 28 U.S.C. § 1367) that he brought in federal district court.

The dispute is over the division of legal fees in cases handled by the law firm (Carr Korein Tillery, LLC) before it broke up; Carr is seekin... More...
   $0 (01-19-2010 - IL)

Philip C. Bodenstab, M.D. v. County of Cook, Lacy L. Thomas and Bradley Langer, M.D.

Philip Bodenstab sued Cook County and Cook County Hospital’s Chief Operating Officer, Lacy Thomas, and Medical Director, Bradley Langer, after he was fired from his position as an anesthesiologist at Cook County Hospital (now known as Stroger Hospital). Bodenstab alleged he was fired in violation of the Americans with Disabilities Act (“ADA”), and for exercising his First Amendment rights. B... More...   $0 (06-24-2009 - IL)

The Village of Lincolnshire v. Trisha L. Kelly

Defendant, Trisha L. Kelly, was charged with driving while under the influence of alcohol (625 ILCS 5/11--501(a)(1) (West 2006)). She moved to quash her arrest and suppress the evidence. The trial court granted the motion. The Village of Lincolnshire (the Village) filed a motion to reconsider, which was denied. Thereafter, the Village filed a certificate of impairment and appealed. For the reasons... More...   $0 (04-22-2009 - IL)

Newton Tractor Sales, Inc. v. Kubota Tractor Corporation, et al.

Plaintiff-Appellant, Newton Tractor Sales, Inc. (Newton), brought suit against defendants, Kubota Tractor Corporation and Michael Jacobson, a local Kubota representative (collectively, Kubota) on counts of promissory estoppel, common law fraud, and negligent misrepresentation. The circuit court of Fayette County granted summary judgment in favor of Kubota on all three counts. The appellate court a... More...   $0 (04-02-2009 - IL)

Traci Hanson-Suminski v. Rohrman Midwest Motors, Inc. d/b/a Arlington Acurain Palatine

Traci Hanson-Suminski (plaintiff) brought an action to recover damages arising from alleged misrepresentations by Rohrman Midwest Motors, Inc., doing business as Arlington Acura in Palatine (defendant). Following a jury trial, defendant was found guilty of common law fraud, and following a bench trial, judgment was entered in favor of plaintiff under the Consumer Fraud and Deceptive Business Pract... More...   $0 (11-07-2008 - IL)

Ty, Inc. v. Softbelly's Inc., et al.

Ty Inc., the manufacturer of "Beanie Babies," years ago brought this suit for trademark infringement under the Lanham Act against Softbelly's, Inc., and some other defendants that need not be discussed separately. Softbelly's manufactures a product that looks and feels very much like "Beanie Babies," which it calls "Screenie Beanies." They differ from Ty's product mainly in having chamois b... More...   $0 (02-27-2008 - IL)

Roger Szewczyk v. the Board of Fird and Polic Commissioners of the Village of Richmond, Illinois, et al.

Plaintiff, Roger Szewczyk, served as a sergeant in the Village of Richmond (Village) police department from 1995 to 1999. In 1999, Kevin Brusek, then the Village president, appointed him police chief. In 2005, Brusek sent plaintiff a letter announcing that he was "terminated" from office. After three votes, the five members of the Village board of trustees voted four to one to end plaintiff's ... More...   $0 (01-18-2008 - IL)

Javon Boyd v. The City of Chicago, et al.

On November 19, 2000, plaintiff Javon Boyd and defendant Darryl Carrothers, an off-duty police officer, engaged in an early morning confrontation, which resulted in Carrothers drawing his gun and shooting plaintiff. Subsequently, plaintiff was arrested and charged with misdemeanor battery. After the charge against plaintiff was dropped, he filed suit against Carrothers and codefendant t... More...   $0 (12-05-2007 - IL)

Leland Stahelin and Jes Ventures, LLC v. The Forest Preserve District of Du Page County and Morton Abroetum

Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More...   $0 (10-10-2007 - IL)

JAMES H. CANEL, Appellee, v. JUDY BAAR TOPINKA et al., Appellants.

In this appeal, defendants argue that, pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 1998)), the state is entitled to retain dividends issued on shares of stock which were presumed abandoned and delivered to the state. Plaintiff argues the dividends are private property which must be returned to the property owner along with the shares of ... More...   $0 (10-20-2004 - IL)

JAMES H. CANEL, Appellee, v. JUDY BAAR TOPINKA et al., Appellants.

In this appeal, defendants argue that, pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 1998)), the state is entitled to retain dividends issued on shares of stock which were presumed abandoned and delivered to the state. Plaintiff argues the dividends are private property which must be returned to the property owner along with the shares of s... More...   $0 (10-12-2004 - IL)

Craig L. Hart and Carolyn J. Hart v. Walter L. Pearson, III, Amanda Pearson, and Eileen M. Pearson, et al.

June 2000, Craig and Carolyn Hart (the plaintiffs) filed a complaint seeking to enjoin the defendants, the Town of Shafter and Shafter Township Road Commissioner Don Stewart, from entering onto their property to replace a bridge that once had been a part of a township road that ran through their property. The defendants contend that the disputed strip of land remains a public road despite many ... More...   $0 (05-13-2004 - IL)

Thornwood, Inc. v. Jenner & Block, et al.

Plaintiffs-appellants (Thornton) appeal from the circuit court's dismissal of their verified complaint (complaint). Thornton's three-count complaint accused defendants-appellees (Jenner & Block) of (i) aiding and abetting a breach of fiduciary duty; (ii) aiding and abetting a scheme to defraud; and (iii) aiding and abetting a scheme of fraudulent inducement. Jenner & Block moved to dismiss the ... More...   $0 (11-24-2003 - IL)

Hobbs v. State Farm Mutual Automobile Insurance Co.

Liberty Mutual Fire Insurance Company appeals on an interlocutory basis from the trial court's May 25, 2001, order denying its motion to compel an appraisal and to stay the individual claims of plaintiff Collette Cloyd.

This case is a putative class action concerning the use of automotive repair parts manufactured by companies other than the original automobile manufacturers (non-OEM part... More...   $0 (03-08-2002 - IL)

Village of Plainfield v. American Cedar Designs

The Village of Plainfield (village) filed a four-count complaint against American Cedar Designs (American), alleging that American was in violation of certain village ordinances. The trial court found the evidence insufficient on all but one count of the complaint, and the village appealed. We must determine whether the trial court erred in: (1) finding that American's use of its property did not ... More...   $0 (11-20-2000 - IL)

Charles and Pamela Bahuriak v. Bill Kay Chrysler Plymouth

Plaintiffs, Charles and Pamela Bahuriak, filed a four-count complaint against defendant, Bill Kay Chrysler Plymouth, Inc. (Bill Kay Chrysler), after Charles purchased a 2000 Chrysler Sebring and traded in a 1996 BMW Z3 convertible owned by him and Pamela. Thereafter, Bill Kay Chrysler filed a motion to stay the proceedings and compel arbitration pursuant to the Federal Arbitration Act (9 U.S.C. 1... More...   $0 (01-15-2003 - IL)

Judith Alter Kallman v. RadioShack Corporation, F/K/A Tandy Corporation

In this breach of lease action, the district court ruled that Radioshack was liable for damages stemming from its guaranty of a lease between one of Judith Kallman's companies and Color Tile. In this appeal, Radioshack challenges the district court's ruling that Radioshack is liable for Color Tile's breach, that it is responsible for the cost of repairs to the property, and that it must pay... More...   $0 (12-20-2002 - IL)

Luis Diaz, et al. v. Home Federal Savings and Loan Association of Elgin

The circuit court of Kane County entered summary judgment quieting title in a parcel of real estate in favor of plaintiffs, Luis Diaz, Virginia Diaz, and Manuel Diaz. Defendant Home Federal Savings and Loan Association of Elgin (the bank) now appeals. The bank maintains that plaintiffs failed to show that they possessed an interest in the property in question, that the bank in fact held title to t... More...   $0 (10-11-2002 - IL)

Russell W. Zeidler, et al. v. A & W Restaurants, Inc., et al.

Beginning in 1993, the Zeidlers, through their company R.W. Hospitality Corp., owned and operated an A & W restaurant pursuant to a license agreement with A & W Restaurants, Inc. Unfortunately for the Zeidlers, the busi-ness venture was not a success. The restaurant lost money every year of operation, and in 1997 the Zeidler-A & W relationship began to sour. By January 1998 A & W was sending... More...   $0 (08-21-2002 - IL)

Sharon Hobbs, etc. v. State Farm Mutual, et al.

Liberty Mutual Fire Insurance Company appeals on an interlocutory basis from the trial court's May 25, 2001, order denying its motion to compel an appraisal and to stay the individual claims of plaintiff Collette Cloyd.

This case is a putative class action concerning the use of automotive repair parts manufactured by companies other than the original automobile manufacturers (non-OEM parts).... More...   $0 (03-08-2002 - IL)

In the Matter of: Navigant Consulting, Inc., Securities Litigation

Only parties may appeal from judgments entered in federal litigation. See Fed. R. App. P. 3; Marino v. Ortiz, 484 U.S. 301 (1988). Because members of a class (other than the named representatives) are not automatically parties, they must intervene and acquire party status if they wish to appeal. See Felzen v. Andreas, 134 F.3d 873 (7th Cir. 1998), affirmed by an equally divided Court un... More...   $0 (12-26-2001 - IL)

Browning-Ferris Industries of Illinois, Inc., et al. v. Richard Ter Maat, et al.

Pollution - Back in 1971 the owners of a landfill had leased it to a predecessor of Browning-Ferris, which operated it until it the fall of 1975. Between then and 1988 it was operated by M.I.G. and AAA. in June of that year, after AAA was sold and Ter Maat moved to Florida, M.I.G. abandoned the landfill without covering it property. For tax reasons, M.I.G. had been operated with very little... More...   $0 (11-01-1999 - IL)

 
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