Civil procedure — venue

Posted May 19, 2023 10:28 AM

Where an action is brought against a municipal corporation it must be brought either in the county where its principal office is located or where the alleged tortious act or part of it occurred.The 5th District Appellate Court affirmed the decision of St. Clair County Circuit Judge Heinz M. Rudolf.Samantha Draves sought emergency medical services at Randolph Hospital District d/b/a Memorial Hospital (Memorial Hospital) multiple times between Dec. 29, 2020, and Jan. 4, 2021. Drs. James Thomas and Abiodun Sangoseni failed in …

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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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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.
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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.
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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.