Illinois Fifth District Appellate Court News

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.

Court upholds first-degree murder sentence in house fire case that killed 4 children

By Erianne Leatherman | Mar 17, 2018

MOUNT VERNON – The 5th District Appellate Court of Illinois has upheld a first-degree murder sentence and conviction for a Cutler man relating to a house fire he intentionally set in 2013.

Appellate court reverses decision on post-conviction relief because of failure to attach documentation

By Karen Kidd | Mar 17, 2018

MOUNT VERNON – An appeals court has reversed a decision denying a man's amended petition for post-conviction relief on the grounds his counsel

Fifth District court reverses ruling finding parents were unfit, but they still don't get custody

By Justin Stoltzfus | Mar 16, 2018

MOUNT VERNON – The 5th District Appellate Court has vacated an order that found the biological parents of a 6-year-old girl unfit, but upheld the parenting order that granted an unrelated woman sole decision-making responsibility.

Fifth District affirms dismissal of Belle Rive's lawsuit against railroad

By Nicholas Echevarria | Mar 15, 2018

MOUNT VERNON – The Fifth District Appellate Court has affirmed a circuit court's dismissal of a complaint filed by the village of Belle Rive over a nearly 100-year-old agreement with a railroad company.

Appellate court candidates Overstreet and Hoerner receive 'highly qualified' ratings in ISBA evaluation

By Ann Maher | Mar 2, 2018

Justice David Overstreet and Belleville attorney Kevin Hoerner were rated "highly qualified" in a review by the Illinois State Bar Association (ISBA) Judicial Evaluations Committee, released this week.

Fifth District reverses trial court's ruling on involuntary psychotropic drug administration

By Angela Underwood | Feb 22, 2018

MOUNT VERNON – The Fifth District Appellate Court has reversed a trial court’s judgment over the involuntary administration of psychotropic drugs.

Fifth District upholds ruling denying forensic testing for brothers convicted of murder in '98

By Chandra Lye | Feb 22, 2018

MOUNT VERNON – The Fifth District Appellate Court has refused to overturn convictions of two brothers, Glenn Reed Jr. and Lenn Reed who were found guilty of first-degree murder and aggravated hijacking following a jury trial in 1998.

Court denies post-conviction petition for man convicted of armed robbery in 1994

By Adrian Leake | Feb 19, 2018

MOUNT VERNON – The Fifth District Appellate Court on Feb. 8 affirmed a ruling that denied leave for appeal for a man convicted in Madison County in 1994 on four counts of armed robbery.

Appellate court vacates order appointing appraisal umpire in State Farm dispute with homeowners

By Chandra Lye | Feb 9, 2018

MOUNT VERNON – The Fifth District Appellate Court has sided with State Farm in a dispute over a demand for appraisal by an Illinois couple.

FACTA objector alleges 'reverse auction' collusion between plaintiff and defendant in Lopinot’s court

By Record News | Feb 6, 2018

BELLEVILLE – St. Clair County Circuit Judge Vincent Lopinot rushed settlement of a class action against retailer Body Shop, granting conditional approval in 20 days and final approval in two months.

Appellate court reverses Flack in 'policy stacking' case that went against Country Financial

By David Hutton | Jan 29, 2018

MOUNT VERNON – The Fifth District Appellate Court has overturned a summary judgment ruling that went against Country Financial Insurance Co. involving the "stacking" of insurance policies.

Fifth District dismisses appeal in case over increased service charges

By Angela Underwood | Jan 9, 2018

The Fifth District Appellate Court denied an appeal from Illinois Bell under a Supreme Court rule in a suit involving increased service charges.

Appellate court upholds decision for credit card owners in Midland Funding arbitration case

By Laura Halleman | Jan 9, 2018

The Fifth District Appellate Court of Illinois affirmed St. Clair County Circuit Court Judge Chris Kolker's ruling in a case in which Midland Funding allegedly failed to show it offered an arbitration agreement to two individuals in regard to a credit card agreement.

Appeals court vacates IWCC ruling in neck injury claim case

By David Hutton | Dec 21, 2017

MOUNT VERNON – The Fifth District Appellate Court has overturned a Randolph County ruling that upheld an Illinois Workers' Compensation Commission ruling in an employee’s adjustment claim seeking benefits from Gilster-Mary Lee Corp.

Appellate court affirms order denying City of Collinsville’s motion to transfer

By Sara McCleary | Dec 15, 2017

MT. VERNON – The Fifth District Appellate Court affirmed St. Clair County Associate Judge Chris Kolker's order denying transfer to Madison County in a suit alleging the City of Collinsville failed to make payments for a construction project. 

Fifth District affirms order requiring insurer to cover costs of suit for Iowa law firm

By Dee Thompson | Dec 12, 2017

MOUNT VERNON – Does a professional liability insurance policy have to cover the actions of an attorney acting as agent for a company other than his law firm? An Illinois appellate court says yes, it does.

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