Court Error – Evidentiary Rulings
Edward Fleming appeals a judgment, entered upon a jury’s verdict, convicting him of first-degree sexual assault by sexual contact with a child under the age of thirteen and causing a child under age thirteen to listen to or view a sexual act.
Plea Agreement
Derek Asunto appeals a non-final order of the circuit court denying his motion to enforce what he contends was an accepted plea agreement.
Fiduciary Liability
This case arises out of the Illinois Gaming Board’s decision to revoke Emerald Casino, Inc.’s gaming license. In an attempt to recover the value of the license, the bankruptcy trustee sued the defendants—former Emerald officers, directors, and shareholders—for breach of contract and breach of their fiduciary duties.
Motion to Suppress Evidence Denied
Defendant Ronald Johnson entered a conditional guilty plea to one count of possession of heroin with intent to distribute, 21 U.S.C. § 841(a)(1), reserving the right to appeal the denials of his motions to suppress the evidence found in his condominium.
Writ of Mandamus – Venue
This mandamus petition raises a question of first impression in this circuit: Does ERISA’s venue provision, 29 U.S.C. § 1132(e)(2), preclude enforcement of a forum-selection clause in an employee-benefits plan?
Wage Payment & Collection Act
Katherine Shaw Bethea Hospital is a not‐for‐profit healthcare provider in Dixon, Illinois.
Abuse of Discretion
On appeal Chambers argues that Judge Myerscough was wrong to think that she lacked authority to grant his Rule 60(b) motion. He says the judge could have granted relief based on the new and unforeseeable circumstances beyond his control.
Subject-Matter Jurisdiction and Sufficiency of Evidence
A jury concluded that Wagha and Portfolio (collectively “the Dealers”) had broken their promise to invest the money conservatively, and its verdict awarded Patel $136,000 for breach of contract plus a further $64,000 for securities fraud, for a total of $200,000.
Sufficiency of Evidence
Relator and plaintiff‐appellant George Bellevue filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., and its Illinois analog, the Illinois False Claims Act (IFCA), 740 Ill. Comp. Stat. 175/1 et seq., on behalf of the United States and the State of Illinois against defendant‐appellee Universal Health Services of Hartgrove, Incorporated (“Hartgrove”).
Attorney Contempt – Disbarment
Husain appealed both the disbarment and the contempt finding to the district court. It assigned both appeals to the court’s five‐member Executive Committee, which handles the court’s disciplinary proceedings.
Court Error – Confrontation Clause Violation
The Sixth Amendment to the U.S. Constitution gives a criminal defendant the right “to be confronted with the witnesses against him”; that right applies to both federal and state prosecutions. Crawford v. Washington, 541 U.S. 36, 42 (2004) (citing Pointer v. Texas, 380 U.S. 400, 406 (1965)).
Duty to Defend and Reasonable Defense Fees
In 2014, Mary Haley and others filed a putative class action against Kolbe & Kolbe Millwork Company, claiming that windows purchased from Kolbe were defective and had allowed air and water to leak into (and damage) the plaintiffs’ homes.
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