Appellate Court of Illinois to Hear Cases in Chicago-Kent's Courtroom on April 6
The Third Division, First District Appellate Court of Illinois will be hearing four actual cases in our courtroom on Tuesday, April 6. The first case will begin at 10 a.m., and the session is likely to run until approximately 1 p.m. or later. All members of the Chicago-Kent community are welcome to attend part or all of the session. Visitors may enter and leave quietly at any time. If there is time after the last case, the judges may take a few questions from students.
One copy of the briefs is on reserve (under Greenberg -- Illinois Appellate Court). A brief discussion of the scheduled cases follows.
Dloogatch v. Brincat. Plaintiff-Appellant Dloogatch is appealing from an order dismissing his class-action securities suit on grounds that the suit is preempted by federal securities law. Although at least one of the Appellees concedes that the lower court's preemption order was incorrect, it urges the court to affirm the dismissal on other grounds, including lack of shareholder standing and failure to state a cause of action.
Sierra Corp. v. License Appeal Comm'n of the City of Chicago. This appeal arises out of an administrative proceeding in which local authorities suspended the Plaintiff-Appellant's liquor license. The court below dismissed the action because the Plaintiff had failed to serve a timely summons on the administrative agency. In this appeal, the Plaintiff-Appellant argues that the Defendant waived the service of summons issue below and that the Plaintiff had made a good faith effort to comply with the service of summons requirements.
Dritlein v. Pulte Home Corp. & Pulte Home Corp. v. Advance Sheet Metal Co. Plaintiff-Appellant Dritlein is appealing from an order seeking to enforce a settlement of a personal injury action and ordering the Plaintiff's attorney to pay money to the insurer of the Third-Party Defendant-Appellee. The attorney had withheld the disputed money as an attorney fee. A major issue in the appeal is whether the trial court had jurisdiction to issue its order, which came months after the parties had originally settled and the court had dismissed the underlying case.
Sitarz v. Hernandez. Plaintiff-Appellant Sitarz was rendered paraplegic after she allegedly was struck by an automobile driven by Defendant Hernandez. The incident occurred outside a home owned by Defendant-Appellees Joseph and Jeffery Jost. Mr. Hernandez allegedly had become unruly at a party at the Josts' home and had left the home after a confrontation with Jeffery Jost. Ms. Sitarz brought a negligence action against the Josts, contending that they were responsible for her injuries because (inter alia) they had hosted a drinking party attended by minors and failed to adequately protect their guests. The trial court dismissed the (amended) complaint against the Josts for failure to state a claim, and this appeal followed.
Professors Anita Bernstein and Richard Wright were recently appointed to the Advisory Board of the Legal Scholarship Network's online journal, "Torts, Products Liability and Insurance Abstracts," which is edited by Professor Keith Hylton (Boston U.). Other members of the advisory board are law professors Richard Epstein (U. Chicago), Mark Grady (George Mason U.), Saul Levmore (U. Chicago), Stuart Madden (Pace U.), Robert Rabin (Stanford U.), Gary Schwartz (UCLA), and Kip Viscusi (Harvard U.).