Civil procedure — burden of proof, replevin rights

Posted April 18, 2014 2:52 PM

Where a plaintiff brings suit for replevin, the burden is on the plaintiff to make a prima facie showing of superior right of possession. The Illinois Appellate Court, 1st District, 1st Division, affirmed the decision of Cook County Circuit Judge Eileen O’Neill Burke. On Nov. 5, 2010, Jennifer Koerner adopted a pet dog she named The Stig from the Anti-Cruelty Society. For Christmas that year, she wrote a poem in which she expressed her intent to give The Stig to Kent Nielsen, her live-in boyfriend. However …

To Read the Full Story

Your source for legal news and information

Print & Digital Access

Stay in the know all year long with these benefits:

Delivery to your office in downtown Chicago or mailed outside our hand-delivery zone.
Unlimited access to chicagolawbulletin.com.
Access to our e-edition and mobile site.
Breaking news alerts, Morning Lineup and Afternoon Headlines.
Exclusive access to events, discounts and more.

Order now, or call 312-644-2394 or email Subscription@LawBulletinMedia.com for details.

Be in the know. These must-read insider briefings will keep you

informed of the latest legal developments in Chicago. Sign up today!

Probate — statute of limitations

Where a party seeks its right as a putative spouse against a decedent’s estate, it must file within two years of the death or the petition is untimely.
Criminal procedure — plea agreement

Where district court rejected binding plea agreement, court did not abuse its discretion or improperly insert itself into plea agreement negotiations.
Criminal procedure — waiver of counsel

Where defendant waives his right to counsel, the court must provide admonishments under Illinois Supreme Court Rule 401(a) at that point in time, prior admonishments do not suffice.
Jail — suicide

Where detainee told jail officers he was not considering suicide, and jail took precautions to frequently observe detainee for unusual behavior, detainee’s suicide did not render jail’s precautions constitutionally inadequate.
Civil procedure — additur

Where a court agreed to alter a jury award under additur as inconsistent with the verdict, the court must either obtain the defendant’s consent or initiate a new trial on damages.
Social Security — detail of ALJ opinion

Where social security claimant argued ALJ included insufficient amount of medical record in decision, panel rejected argument, finding that summary was enough to support ALJ’s reasoning.
Torts — proximate cause

Where plaintiff is injured when a person crashes their car into a business plaintiff is patronizing, the incident may be foreseeable and does not preclude proximate cause by the business.
Sentencing — application note

Where court declined to revisit precedent deferring to application note’s interpretation of provision of Sentencing Guidelines.