State Court News
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OTHS failed to accommodate student's disabilities, lawsuit says
BENTON - O’Fallon Township High parents Robyn Pfershy and Matthew Pfershy seek an order compelling the school to answer information requests for their suit alleging discrimination against their daughter.
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Fifth District affirms decision denying Brighton man's forfeiture claim
MOUNT VERNON - William Laird of Brighton tried to secure a court order protecting himself from tax delinquency and forfeiture of property but Fifth District appellate justices found he failed to show an actual controversy.
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Caseyville man met by three cops days after speaking out at village board meeting
CASEYVILLE - Resident Billy Hayes criticized mayor G.W. Scott Sr. at a meeting of trustees on Feb. 19 and five days later three police cars rolled up to his home on South 7th Street.
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St. Clair County judge continues hearing in defamation case brought by county board member
BELLEVILLE - Circuit Judge Patrick Foley continued a hearing in a defamation suit on a motion of defendant Brad Van Hoose of Belleville who stated he had called plaintiff Gerard Scott Jr. as a witness and Scott didn’t appear.
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FOID cards unconstitutional, White County judge rules
CARMI - Requiring Illinois citizens to obtain firearm cards for guns they keep in their homes violates the U.S. Constitution, Circuit Judge Scott Webb ruled on Feb. 10.
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Fifth District upholds $3.3 million lung damage verdict against Lewis and Clark Fleeting
MOUNT VERNON - Madison County Circuit Judge Sarah Smith properly preserved a trial that a witness nearly spoiled and her jury properly awarded Kevin Mogensen $3,310,000 for lung damage, Fifth District appellate judges ruled on Feb. 4.
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IL Sup Court upholds changes to workers' comp law; Asbestos, other toxic exposure suits from decades past not barred
The court ruled changes enacted by Illinois Democrats at the urging of trial lawyers don't deprive companies of their constitutional due process rights by now allowing them to be sued over exposure to asbestos and other toxic substances from decades past, when they had previously been explicitly shielded
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Retired Scott AFB operator can pursue class action against BX over credit card receipts
CHICAGO - Retired Scott Air Force base radio operator Linda Thompson, who proposed in 2022 to lead a national class action in St. Clair County circuit court against Exchange stores on Army and Air Force bases, can start litigating in 2025.
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Appeals court: State must ensure IDES board review isn't 'rubber stamp' for employers
Panel overturns denial of benefits for pharmacy worker, calls on governor and lawmakers to act
State Court
Woman convicted of murder gets new chance to argue drug addicted judge slept at hearing
MOUNT VERNON - Latosha Cunningham, who faces 49 years in prison, won a second chance to plead that her lawyers ignored her when she said former St. Clair County judge Michael Cook didn’t pay attention and slept in a hearing.
State Court
Supreme Court renews hopes for wind farm developer turned down at Fifth District
SPRINGFIELD - Supreme Court Justices on Nov. 27 granted review of an appellate court decision against construction of a wind power line running 207 miles across Illinois.
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'Forum shopping' denied: Hoerner ordered to transfer Walgreen case to Christian County
MOUNT VERNON - Fifth District appellate judges ordered St. Clair County Circuit Judge Kevin Hoerner to transfer a suit against Walgreen Company to Christian County.
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SAFE-T Act pretrial jailing appeals drop 88% after court rule changes; 'Found a sweet spot,' says task force chair
The number of appeals filed by criminal defendants seeking release from jail while they await trial dropped from 1,041 in January to mid-April to 154 in the three months following rule changes to ease the burden. The appeals numbers are still up significantly compared to years preceding Illinois' criminal justice system reforms
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Madison County chief judge to retire Dec. 31; Stobbs has presided over asbestos docket 11 years
Third Circuit Chief Judge Stephen Stobbs announced Thursday he will retire on Dec. 31.
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Nameoki Township granted summary judgment in residents' suit claiming they were banned from premises
EDWARDSVILLE - Nameoki Township didn’t ban former township clerk Nick Cohan and wife Sheilby Cohan from public offices as they alleged, Madison County associate judge Ron Motil ruled on Oct. 8.
State Court
Nursing homes can use Pritzker Covid orders to block suits over Covid deaths
The Illinois Supreme Court has ruled trial lawyers can't entirely sidestep emergency orders issued by Gov. JB Pritzker at the onset of the Covid pandemic to hit nursing homes with lawsuits over Covid deaths, even though the governor's orders appeared to protect them from such lawsuits
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'A downward spiral': Biz groups, legal reformers urge IL high court to nix bid to kill anti-forum shopping rule
The filings come in response to an attempt by the Illinois Trial Lawyers Association to seize on a dispute over the constitutionality of a controversial state law to win a long sought policy goal, which would funnel lawsuits into Cook, Madison and St. Clair counties, in pursuit of bigger, easier verdicts
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IL Supreme Court: Lawsuit damages over spouse's wrongful death must still be paid if surviving spouse remarries
The unanimous opinion said a judgment compensating one spouse for the loss of another through medical malpractice or other harm must still be paid by defendants, even if the judgment includes money for "material services" the other spouse would have provided to the household in the form of completed chores like cooking meals and washing clothes
State Court
Judge orders former county IT director Dorman to pay $43K in sanction over failed lawsuit
Madison County Associate Judge Ron Motil on Oct. 7 ordered former county IT director Rob Dorman to pay $43,305.50 in fees and costs in one of many lawsuits he's filed challenging his 2020 firing.
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Prisoner's 18-year effort to secure second trial gets new life at Fifth District
MOUNT VERNON - Fifth District appellate judges granted prisoner Charles White a hearing and a fresh lawyer on his 18 year old petition for a second trial.