Illinois Fifth District Appellate Court News

Fifth District concludes doctor's testimony should be barred in elevator injury suit

By John Sammon | Jan 16, 2019

MT. VERNON – The Appellate Court for the Fifth District of Illinois denied testimony of an examining doctor in the case of a woman hurt on an elevator because her injury medical report was not delivered in a timely manner.

Monsanto pollution plaintiffs want settlement invalidated; Hearing set today

By Record News | Jan 15, 2019

BELLEVILLE – Almost 300 plaintiffs in pollution suits have called on St. Clair County Chief Judge Andrew Gleeson to invalidate a settlement between their lawyers and Monsanto.

Fifth District upholds termination of parental rights in case alleging lack of admonishment

By John Sammon | Jan 14, 2019

MT. VERNON – The Fifth District Appellate Court upheld a judgement out of the Madison County Circuit Court to terminate the parental rights of a father who alleged his termination was unfair because the court did not admonish him.

Madison County not liable for policies at children's exchange center, appeals court affirms

By John Breslin | Jan 14, 2019

A man who claimed that a Madison County child custody exchange center violated the Illinois Civil Rights Act by unfairly making non-residential parents - usually fathers - wait longer than residential parents has had his lawsuit tossed.

Fifth District affirms order allowing mother to move with minor children

By Gabriel Neves | Jan 14, 2019

MT. VERNON -- The Fifth District Appellate Court affirmed a St. Clair County circuit court ruling granting a mother's request to move to North Carolina with her minor children.

Fifth District vacates summary judgment for Metro in assault suit

By Gabriel Neves | Dec 31, 2018

MT. VERNON -- The Fifth District Appellate Court vacated summary judgment for Metro in a man's lawsuit alleging he was assaulted near an East St. Louis Metro station.

Fifth District orders new trial for man convicted of murder

By Charmaine Little | Dec 24, 2018

MT. VERNON, Ill. —A man convicted of first-degree murder will get a new trial after the Illinois Fifth District Appellate Court agreed with him that the jury should have been given instructions on his self-defense argument Nov. 19.

Supreme Court grants attorney leave to challenge appeals court decision over legal malpractice claim

By John Breslin | Dec 17, 2018

An Edwardsville attorney was granted leave to appeal by the Illinois Supreme Court in a case with its roots in a claim of legal malpractice.

Overstreet reflects on successful election campaign to 10-year term at Fifth District

By John Breslin | Nov 26, 2018

Justice David Overstreet has described it as an honor to be elected by voters across 37 counties as he gains a permanent position on the Fifth District Appellate Court.

Workers' compensation lawsuit dismissed for lack of appellate jurisdiction

By Mary Ann Magnell | Nov 18, 2018

MT. VERNON, Ill.— An appellate court recently dismissed a lawsuit for lack of appellate jurisdiction in a 2014 worker's compensation claim case under the Illinois Workers’ Compensation Act (Act) against Bi-State Development Agency, doing business as Metro Transit.

Despite claims of ineffective counsel, court affirms conviction on murder case

By Gabriel Neves | Nov 16, 2018

MT. VERNON -- The first-degree murder conviction of a St. Clair County man was affirmed by the court, despite claims of ineffective legal counseling.

Democrat candidates facing St. Clair Co.-only voters win big - not so much for two crossing county line

By Record News | Nov 13, 2018

BELLEVILLE – St. Clair County Democrats won nearly all the local races on Nov. 6, but two who ventured beyond the county line plunged to defeat.

Appellate court affirms Mudge in slip-and-fall case against Schnuck's

By Gabriel Neves | Nov 13, 2018

MT. VERNON -- The case of a Madison County man who slipped and fell at a store parking lot, had a decision about the case affirmed in court - but not in his favor.

Overstreet wins permanent seat at Fifth District, likely shifting balance 5-2 conservative

By Ann Maher | Nov 6, 2018

Justice David Overstreet has easily won a permanent seat to the Fifth District Appellate Court.

Spending in Overstreet-Hoerner pales in comparison to $1.7M trial lawyer-funded '16 races

By Record News | Oct 30, 2018

MOUNT VERNON – Democrats who spent $1,731,670.25 on a pair of Fifth District appellate court races two years ago haven’t come close to matching that support for current candidate Kevin Hoerner.

Appellate court reverses Rudolf, orders new trial on medication overdose case

By Gabriel Neves | Oct 22, 2018

A minor who suffered an overdose of a prescribed medication due to a pharmacy's error will receive a new trial, an appellate court ruled.

Overstreet win at Fifth District could grow conservative hold on bench

By Ann Maher | Oct 16, 2018

Republican candidate for a permanent seat on the Fifth District Appellate Court, Justice David Overstreet, steers clear of addressing "trigger" issues for the trial bar - "frivolous" litigation and "caps" on damages - in questions posed by the Illinois Civil Justice League.

Convicted burglar will receive new defense attorney, appellate court rules

By Gabriel Neves | Oct 15, 2018

A man convicted of attempted burglary will receive a new defense attorney amid questions about his previous attorney's actions in the case.

Appellate court orders new hearing on murder conviction

By John Breslin | Oct 12, 2018

A man convicted of murder should receive a hearing on his claims of ineffective assistance of counsel, an appeals court ruled.

Workers' compensation benefits denied to railroad worker, appellate court rules

By Gabriel Neves | Oct 11, 2018

A Madison County laborer will not receive workers' compensation benefits for abdominal injuries, an appellate court ruled.

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