Illinois Fifth District Appellate Court News

Fifth District tosses ACT appeal of worker's comp commission ruling due to lack of jurisdiction

By Charmaine Little | Jun 22, 2018

The Agency for Community Transit's (ACT) attempt to have a circuit court's reversal of an Illinois Workers’ Compensation Commission ruling appealed didn’t get far in the Appellate Court of Illinois for the 5th District because of lack of proper jurisdiction.

Appeals court affirms Perry County court's decision to reject man's motion to vacate judgment in divorce

By Charmaine Little | Jun 22, 2018

Fifth District Appellate Court Justice Richard Goldenhersh affirmed Perry County Circuit Court Judge Daniel J. Emge’s decision to deny a man's amended motion to vacate the corrected judgment concerning the end of his marriage.

Appellate court finds Kelley 'penalized' woman in child support case for not having full-time job

By Elizabeth Alt | Jun 15, 2018

The Fifth District Appellate Court has reversed a St. Clair Circuit Court’s ruling that denied a woman’s motion to reassess having her ex-husband pay child support.

Appellate court affirms Illinois man's motion to suppress statements made to police

By Charmaine Little | May 25, 2018

MOUNT VERNON — The Fifth District Appellate Court on May 15 affirmed a ruling that statements an Illinois man charged with murder made to police could be suppressed.

Illinois Workers’ Compensation Commission's denial of temporary disability, expenses affirmed

By Charmaine Little | May 11, 2018

MOUNT VERNON — The Fifth District Appellate Court has affirmed a decision to deny a woman benefits in a workplace injury case, according to the May 4 ruling.

Fifth District says Wal-Mart customer’s injuries in attempted parking lot robbery were foreseeable

By Charmaine Little | May 10, 2018

MADISON COUNTY -- The Illinois 5th District Appellate Court has reversed a judgment that found Walmart was not negligent in a case filed by a woman who says she was attacked in a Walmart parking lot.

Fifth District upholds finding that man is sexually violent person

By Charmaine Little | May 4, 2018

MOUNT VERNON — The Fifth District Appellate Court has upheld a finding by a circuit court that a man convicted of rape and other crimes is a sexually violent person.

Fifth District reverses and vacates FOID card ruling; Man convicted in '93 for cocaine possession will not get FOID

By Erianne Leatherman | Apr 23, 2018

MT VERNON – Fifth District appellate judges reversed and vacated a decision of the circuit court of Jefferson County in an appeal involving a felon and a FOID card.

Karmeier among panelists at ALA-ISBA seminar; 'Appellate Jeopardy' on tap for entertainment

By Karen Kidd | Apr 21, 2018

MOUNT VERNON — Illinois Supreme Court's chief justice will be among justices featured in a panel next month, according to a recent announcement.

Fifth District orders new trial involving Flora parade injury

By Elizabeth Alt | Apr 20, 2018

MOUNT VERNON — The Fifth District Appellate Court has reversed a decision offsetting payments the Flora Chamber of Commerce would have to pay a man who claimed he was injured at a parade.

Appeals court declines to consider Shelby County landowner dispute

By Elizabeth Alt | Apr 20, 2018

MOUNT VERNON — The Fifth District Appellate Court on April 2 denied an appeal from landowners in a 13-year-old case over the construction of private roads in a Shelby County subdivision.

Fifth District vacates sentence for Illinois man convicted of robbery

By Elizabeth Alt | Apr 6, 2018

MOUNT VERNON — The Fifth District Appellate Court has overturned a St. Clair County Circuit Court decision to deny a man convicted of armed robbery the chance to remove his plea.

Appeals court affirms lower court finding that grandmother lacks standing in guardianship case

By Karen Kidd | Apr 4, 2018

EDWARDSVILLE – A Madison County grandmother has no standing to petition for guardianship of her preschool-age granddaughter who she claims has endured years of physical and emotional abuse, an appeals court said in a recent ruling.

Teacher's dismissal over sexual harassment upheld by Fifth District

By Nicholas Echevarria | Apr 4, 2018

MT. VERNON — The Fifth District Appellate Court on March 13 affirmed the decision by Harmony-Emge School District’s Board of Education to terminate tenured teacher James Watkins after he was accused of sexually harassing a colleague.

Fifth District kicks proposed OT wage class action; Maag brought suit in Jefferson County against Missouri business

By Kristin Emery | Apr 4, 2018

MT. VERNON — The Fifth District Appellate Court has dismissed a class action lawsuit filed in Jefferson County Circuit Court against a Missouri company over overtime pay, holding that the company does business primarily in Missouri, not in Illinois.

Hale v. State Farm trial postponed four months until after Labor Day

By Record News | Apr 3, 2018

EAST ST. LOUIS – U.S. District Judge David Herndon postponed for four months a jury trial on a $9 billion claim against State Farm.

Herndon denies Madison County officials’ move to dismiss Lavite’s First Amendment lawsuit

By Record News | Apr 3, 2018

EAST ST. LOUIS – Madison County must defend retaliation claims of Veteran Assistance Superintendent Bradley Lavite, U.S. District Judge David Herndon decided on March 29.

Identity theft conviction out of Bond County upheld

By Angela Underwood | Apr 1, 2018

MOUNT VERNON, Ill. -- The Fifth District Appellate Court affirmed a Bond County Circuit Court identity theft conviction of a defendant found with up to 15 different individuals' credentials.

Illinois Commerce Commission didn't have authority to grant company's certificate, court rules

By Tomas Kassahun | Mar 27, 2018

MOUNT VERNON — The Fifth District Appellate Court on March 13 found the Illinois Commerce Commission can't give a certificate of public convenience and necessity to an Indiana company formed to construct and manage a high-voltage electric service transmission line to connect wind-generation facilities.

Wind power business granted expedited approval by ICC knocked down by appellate court

By Record News | Mar 20, 2018

MOUNT VERNON – Illinois commerce commissioners improperly expedited an application for a wind power line 203 miles long, Fifth District appellate judges ruled on March 13.

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