Torts — premises liability

Posted June 25, 2020 10:00 AM

Where a deed grants undivided but unequal interests a property among parties it cannot establish a joint tenancy among all parties as joint tenancy requires undivided and equal interest.The 1st District Appellate Court affirmed the decision of Cook County Associate Judge William E. Gomolinski.On Jan. 17, 2015, Jake Graham arrived at Lakeview Pantry, a food pantry inside St. Alphonsus church, owned and operated by the Catholic Bishop of Chicago (Archdiocese). Graham waited between 30 and 45 minutes to accept his “banana box …

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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

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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.
Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
Family law — dissolution of marriage proceedings

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Sentencing — conspiracy

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Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.