Illinois Estoppel Law

In re Marriage of Kathy Bremer and James Bremer

<h2> Wheaton, Illinois family law lawyers represented the husband and wife in a divorce. </h2> ¶ 4 The parties were married in July 1995. They began living separate and apart in November 2002. Kathy filed a verified petition for legal separation in Kane County in September 2003 (case No. 03-DK-1263). James failed to appear and was found in default. The court entered a judgment of... More...

$0 (10-18-2024 - IL)

Bobbie Jo Scholz v. United States of America

<center><h2> Chicago, IL - Federal Tort Claims Act lawyer represented Plaintiff-Appellant with pointing to government negligence as the cause of the drastic decline in her mental and physical state.</h2></center> Scholz was honorably discharged following her 2006 to 2008 tour of duty in Iraq for the United States Army, but the mental and phy... More...

$0 (01-10-2022 - IL)

Charles Greenhill and Amphib, Inc. v. Richard M. Vartanian and Platinum Fighter Sales, Inc.

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/2/2a/Dirksen_Federal_Building.jpg/200px-Dirksen_Federal_Building.jpg"> </center> Hermann Göring, head of the Luftwaffe in World War II, remarked: “When I saw those Mustangs over Berlin, I knew that the war was lost.” The P- 51 Mustang fighter entered service in January 1942, and lon... More...

$0 (03-11-2019 - IL)

John McMahan, et al. v. Deutsche Bank, A.G.

In 2001, John McMahan and his wholly owned corporation, Northwestern Nasal and Sinus Associates, S.C.,1 participated in a tax shelter known as “Son of BOSS.” The shelter “is a variation of a slightly older al‐ 1 For ease of reference, and because the parties have not indicated a material distinction between McMahan and his corporation, we will refer to McMahan a... More...

$0 (06-13-2018 - IL)

Shannon Hyland v. Liberty Mutual Fire Insurance Company

Monteil Hyland was a passenger in a car owned by Kimberly Perkins and driven by Miquasha Smith—who, at age 16, was not lawfully behind the wheel when she smashed the car at 12:46 a.m. one Saturday into two parked vehicles, seriously injuring Hyland. Smith has been convicted of aggravated reckless driving. Neither Smith nor her parents had auto insurance. But Perkins h... More...

$0 (03-18-2018 - IL)

Matthew Warciak v. Subway Restaurants, Inc.

Should courts apply federal or state law to decide whether a contract’s arbitration clause binds a non-signatory? In Scheurer v. Fromm Family Foods LLC, we held * The Honorable Sara Darrow, United States District Court for the Central District of Illinois, sitting by designation. 2 No. 17-1956 that courts should apply state law. 863 F.3d 748, 750 (7th Cir. 2017). We r... More...

$0 (01-27-2018 - IL)

Ruben Sanchez v. City of Chicago, et al.

Ruben Sanchez appeals the denial of his motion for a new trial in his § 1983 action against Officer Louis Garcia of the Chicago Police Department. Sanchez alleges that the trial court made multiple evidentiary errors, gave an improper jury instruction, and wrongfully accepted a partial verdict. Because we conclude that a new trial is not required, we affirm. 2 No. 16-3... More...

$0 (01-16-2018 - IL)

United States of America, ex rel. Kenneth J. Conner v. Amrish K. Mahajan

After losing his job at Mutual Bank, Kenneth Conner brought this qui tam action claiming that the defendants, most of them directors or officers of the bank, had defrauded the government in violation of the False Claims 2 No. 17‐1162 Act, 31 U.S.C. §§ 3729–3733. The United States declined to take over the qui tam action, which Conner eventually settled. But th... More...

$0 (12-05-2017 - IL)

Pekin Insurance Companyv. St. Paul Lutheran Church

¶ 1 This is an action for declaratory judgment. The plaintiff is Pekin Insurance Company (Pekin), and the two defendants are St. Paul Lutheran Church of Roberts, Illinois (church), and Hope Farney, the independent administrator of the estate of Kitty Mullins, deceased. ¶ 2 In a case separate from this one—the underlying tort case—Farney is suing the church for wrongful death,... More...

$0 (08-02-2017 - IL)

Stevens v. McGuireWoods L.L.P.

Plaintiffs are former minority shareholders in Beeland Management LLC (Beeland). In 2005, plaintiffs hired the law firm of McGuireWoods LLP (McGuireWoods) to bring certain claims against Beeland’s managers, Tom Price and Alan Goodman, and against Beeland’s owner and majority shareholder, Jim Rogers. The gist of these claims was that Rogers, Price, and Goodman had misappropriated Beeland’s tr... More...

$0 (12-29-2015 - IL)

Stevens v. McGuireWoods L.L.P.

The issue in this legal malpractice case is whether the circuit court of Cook County properly entered summary judgment in favor of defendant, McGuireWoods LLP. We hold that it did. Plaintiffs are former minority shareholders in Beeland Management LLC (Beeland). In 2005, plaintiffs hired the law firm of McGuireWoods LLP (McGuireWoods) to bring certain claims against Beeland’s managers, Tom ... More...

$0 (10-17-2015 - IL)

The Village of Vernon Hills v. Heelan

On December 9, 2009, Heelan was a police officer who had been employed by the Village of Vernon Hills for approximately 20 years. While responding to an emergency call, Heelan slipped on ice and fell on his right side. He was taken by ambulance to a hospital emergency room. Heelan was diagnosed as having a back spasm, a shoulder sprain, and a hip contusion. He was prescribed pain medication and re... More...

$0 (10-05-2015 - IL)

Firestone Financial Corp. v. John R. Meyer

This case arises from a series of loans made by Firestone Financial Corporation (“Firestone”) to JHM Equipment Leasing Company (“JHM”). After JHM defaulted on the loans, Firestone filed suit against JHM, John R. Meyer (JHM’s owner), and two of Mr. Meyer’s other companies to collect on the debt. The defendants filed an an‐ swer denying the allegations of br... More...

$0 (08-10-2015 - IL)

Robert Lindner v. Union Pacific Railroad Company

Robert Lindner's parents were killed when a Union Pacific train derailed and caused a bridge to collapse. Soon after the accident, Lindner filed this wrongful2 No. 13-1422 death action against Union Pacific in Illinois state court. Union Pacific removed the case to federal court, asserting diversity jurisdiction: The Lindners were domiciled in Illinois, whereas Union Pa... More...

$0 (08-11-2014 - IL)

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)

Darrell Cannon v. Jon Burge, former Chicago Police Lieutenant

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame ... More...

$0 (05-28-2014 - IL)

Harriet Walczak v. Chicago Board of Education

Harriet Walczak was in her fourth decade of teaching in the Chicago Public School system when her school's new principal placed her in a performanceremediation program during the 2007â€“2008 academic year. By the end of that school year, she was facing discharge proceedings. Walczak thought that the principal had it in for 2 No. 12-2808 her based on her age (she was in her l... More...

$0 (01-10-2014 - IL)

Gwendolyn Phillips v. Asset Acceptance, LLC

We have granted the plaintiff's petition for leave to appeal the district court's denial of her motion to certify a class. The plaintiff, a consumer, was sued by Asset Acceptance, a debt collector that is the defendant in this case, for a debt arising from her purchase of natural gas for household use. She riposted with the present suit, which charges that Asset 2 No. 13â€22... More...

$0 (12-02-2013 - IL)

James E. Killian v. Concert Health Plan

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital 2 No. 11-1112 determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center ("Rushâ€) and soon afterward was admitted for emergency brain surgery. Although the surgery successfully ... More...

$0 (11-07-2013 - IL)

Randy Cohen v. American Security Insurance Company

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged 2 No. 11-3422 property to protect the lender's interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower. In this proposed class action, Martha Schilke alleges that Wac... More...

$0 (11-05-2013 - IL)

The Department of Natural Resources v. Shirley A. Waide

¶ 1 Plaintiff, the Department of Natural Resources of the State of Illinois (Department), formerly the Department of Conservation, sought reformation of a warranty deed or a declaration that the warranty deed did not reserve an undivided one-fourth interest in the mineral rights of certain property conveyed by the warranty deed. Defendants, the heirs and assignees of the estate of the previous ow... More...

$0 (07-17-2013 - IL)

David E. Grochocinski v. Mayer Brown Rowe & Maw, L.L.P.

The story of Rumpelstiltskin is about turning straw into gold. The legal malpractice case at the heart of these appeals presents a modern attempt to turn metaphorical straw into real gold. The district court rejected the effort, as do we. This case originated in a contract dispute between CMGT, Inc. and Spehar Capital, a company CMGT hired to help it find financing. Spehar Capital sued CMGT... More...

$0 (06-21-2013 - IL)

Barry Kay v. Prolex Packaging, Inc.

¶ 1 After defendant Prolix Packaging, Inc. purchased the assets of plaintiff's business through an assignment for the benefit of creditors, Prolix employed plaintiff Barry Kay as a salesperson. Some five years later Prolix sold its business to a third party and, thereafter, Kay sued Prolix for allegedly failing to pay certain sales commissions under the employment agreement. The focal point of th... More...

$0 (06-13-2013 - IL)

Gabriela Arteaga v. United States of America

The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal 2 No. 12-3189 agency within two years after the claim arose. 28 U.S.C. Â§2401(b). ... More...

$0 (04-02-2013 - IL)

James Wells v. Jeff Coker

At around midnight on January 1, 2008, James Wells decided to celebrate New Year's Eve by shooting his gun into the air from his back porch. His celebration ended when Officer Jeffrey Coker of the Springfield, Illinois, Police Department shot him three times. What transpired in the moments between those two events is at the heart of this case. Wells pleaded guilty to reckless conduct for hi... More...

$0 (02-12-2013 - IL)

American Civil Liberties Union of Illinois

The Illinois eavesdropping statute makes it a felony to audio record "all or any part of any conversationâ€ unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private. Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated... More...

$0 (05-08-2012 - IL)

Hans C. Kuhn v. Thaddeus Goodlow

Hans Kuhn and a prospective tenant signed a residential lease at a home for which Kuhn had not yet obtained a valid certificate of occupancy. As the tenant began moving his belongings into the house, building inspector Thaddeus Goodlow reminded Kuhn that all rental property must have a certificate of occupancy before a tenant can live in the house. Visibly upset, Kuhn allegedly berated Goodlow in ... More...

$0 (05-02-2012 - IL)

David Ahle v. D. Chandler, Inc.

¶ 1 Plaintiff, David Ahle, appeals from an order of the circuit court of Madison County entering summary judgment in favor of defendant, D. Chandler, Inc. On appeal, plaintiff argues the trial court erred in granting summary judgment in favor of defendant. We reverse and remand. ¶ 2 BACKGROUND ¶ 3 On August 9, 2007, plaintiff was involved in an automobile accident with a Piz... More...

$0 (03-23-2012 - IL)

Farmers Automobile Insurance Association v. Rodney L. Burton

¶ 1 In March 2011, the trial court awarded summary judgment to plaintiff, Farmers Automobile Insurance Association (Farmers), in the declaratory judgment action it brought against defendants, Rodney L. Burton and Carrie Buckley, the administrator of the estate of Timothy A. Buckley, because Burton did not provide reasonable notice to Farmers of the automobile accident which caused... More...

$0 (03-01-2012 - IL)

Lori Wigod v. Wells Fargo Bank, N.A.

We are asked in this appeal to determine whether Lori Wigod has stated claims under Illinois law against her home mortgage servicer for refusing to modify her loan pursuant to the federal Home Affordable Mortgage Program (HAMP). The U.S. Department of the Treasury implemented HAMP to help homeowners avoid foreclosure amidst the sharp decline in the nation's housing market in 2008. In 2009, Wells F... More...

$0 (03-07-2012 - IL)

Denise Coleman v. Patrick R. Donahoe

In 2006, the United States Postal Service terminated plaintiff Denise Coleman's 32 years of employment as a mail processing clerk. The Postal Service contends that it fired Coleman because she told her psychiatrist she was having thoughts of killing her supervisor, and it believed she posed a danger to her fellow employees. Coleman alleges that her termination was discriminatory (she is African2 A... More...

$0 (01-06-2012 - IL)

Keith Jones v. Cheryl Lockard

¶ 1 On April 20, 2004, respondent Cheryl Lockard filed a charge with the Illinois Department of Human Rights (Department) of sexual harassment and retaliatory discharge against Keith Jones and First Baptist Church, respectively (petitioners). Lockard's charge alleged that Jones sexually harassed her between August 2000 and April 7, 2004, by inter alia, making sexually suggestive c... More...

$0 (11-04-2011 - IL)

Frank H. Richter v. Village of Oak Brook

¶ 1 The plaintiff, Frank Richter, was a firefighter employed by the fire department of the defendant, the Village of Oak Brook. He sustained certain injuries and developed certain conditions related to his job, and filed several workers' compensation claims relating to those injuries and conditions. He and the defendant settled his workers' compensation claims, and the pension boa... More...

$0 (11-07-2011 - IL)

Robert E. Taylor, Sr. v. Police Board of the City of Chicago

¶ 1 Plaintiff Robert E. Taylor, Sr. appeals the decision of the Police Board of the City of Chicago (Board) discharging him from his position as a Chicago police officer for committing perjury in violation of Rule 1 of the Chicago Police Department (Department), which prohibits "[v]iolation of any law or ordinance," and for making false statements before two different tribunals in... More...

$0 (11-07-2011 - IL)

Shirley Berge v. Kuno Mader and DMG America, Inc.

¶ 1 The trial court held that the doctrine of judicial estoppel prevented plaintiff, Shirley Berge, from pursuing a tort action against defendants Kuno Mader and DMG America, Inc., after failing to disclose the case in her bankruptcy petition. Because Berge's contradictory actions met all the elements for invoking judicial estoppel, we find that the trial court did not abuse its d... More...

$0 (11-09-2011 - IL)

Korey Currie v. Wisconsin Central, Ltd.

¶ 1 Plaintiff, Korey Currie, is appealing the decision of the circuit court which granted defendant's motion to dismiss plaintiff's complaint based on res judicata. The trial court found that the claims were precluded by the federal class action decree in Barnes v. Canadian National Railroad, No. 04-1249, Final Approval Order (N.D. Ill. Jan. 7, 2010) (Barnes class action). ¶ ... More...

$0 (11-10-2011 - IL)

Shirley Berge v. Kuno Mader

¶ 1 The trial court held that the doctrine of judicial estoppel prevented plaintiff, Shirley Berge, from pursuing a tort action against defendants Kuno Mader and DMG America, Inc., after failing to disclose the case in her bankruptcy petition. Because Berge's contradictory actions met all the elements for invoking judicial estoppel, we find that the trial court did not abuse its discretion in inv... More...

$0 (09-30-2011 - IL)

Gerald S. McCarthy v. Omega Psi Phi Fraternity, Inc.

After a bench trial, defendants Omega Psi Phi Fraternity, Inc., and Tenth District were found liable for defamation per se of plaintiff, Gerald McCarthy. Although defendants raised a number of issues on appeal, the dispositive issue is whether plaintiff's amended complaints adding defendants were barred by the statute of limitations. The resolution of this issue depends on whether plaintiff made a... More...

$0 (06-30-2011 - IL)

Mercatus Group, LLC v. Lake Forest Hospital

The First Amendment of theConstitution states that Congress shall make no law abridging the "right of the people peaceably to assemble, and to petition the Government for a redress of grievances.â€ Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the ... More...

$0 (05-26-2011 - IL)

Cathy M. Walton v. Bayer Corporation

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...

$0 (05-23-2011 - IL)