Cruz Reynoso, a son of migrant workers who worked in the fields as a child and went on to become the first Latino state Supreme Court justice in California history, has died
Election law certification of referendum
Posted May 6, 2021 11:25 AM
Where a clerk is asked to certify a referendum for placement on the ballot, the clerk is limited to the face of the filing in determining whether to refuse to certify, and may not consider whether other referenda or elections outside the face of the filing render the referendum improper.The 2nd District Appellate Court reversed and remanded a decision from McHenry County Associate Judge Kevin G. Costello.The electors of McHenry Township (Township) submitted a referendum for the March 2020 primary ballot proposing that the …
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Moore
The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.”
“In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling.
Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring.
Moore
The Fifth District Appellate Court held that punitive damages are recoverable in legal malpractice cases, concluding that in such circumstances the punitive damages are “compensatory in nature.”
“In short, we agree that punitive damages that are assessed against a litigant as a proximate result of the professional negligence of its attorney are not, in the context of a subsequent legal malpractice action against the attorney, punitive in nature but are, indeed, compensatory in nature and therefore not barred …” wrote Justice James Randy Moore in the ruling.
Moore delivered the April 28 opinion with justices Mark Boie and John Barberis concurring.
PEORIA An appellate court has ruled that a local judge erred two years ago when he dismissed a lawsuit against the Peoria Park District by a couple who say they were injured at Camp Wokanda.
The panel of judges from the 3rd District Appellate Court in Ottawa held last year, that now-retired Judge Michael McCuskey erred when he threw out a 2017 lawsuit filed by Michael Torres and Jaimie Gibson against the district. The ruling was recently officially published by the court.
McCuskey had sided with the park district, which filed a motion to dismiss the suit. Motions to dismiss are fairly common within civil proceedings and tend to focus on legal technicalities, not the substantive merits of a case.