Civil procedure — temporary restraining order

Posted December 2, 2021 11:20 AM

Where a school district contracts with the Illinois High School Association, the students of that district are the intended beneficiaries of that contract and may file suit to protect their rights under the contract.The 5th District Appellate Court reversed the decision of Crawford County Associate Judge Kimbara G. Harrell.Beginning in August 2021, a series of executive orders were issued by Gov. J.B. Pritzker mandating that school districts enforce the wearing of masks to combat COVID-19. On Aug. 23, 2021, the Illinois …

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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.
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.
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Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.