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Johnson & Bell’s Appellate practice group primarily represents clients before the Illinois Supreme Court, the Illinois Appellate Courts, and Indiana Appellate Courts.  Moreover, the group’s lawyers also actively argue appellate matters in state courts across the country, in several circuits of the United States Court of Appeals, and before the United States Supreme Court.

As appellate practice and procedure is ever evolving, it is crucial to have an advocate knowledgeable in the complex procedures and nuances of appellate practice, as well as developing trends in the law.  Johnson & Bell’s Appellate practice group offers the necessary breath and depth of effective appellate representation for the most complex cases.

Furthermore, our appellate lawyers have both trial and appellate experience, which allows our attorneys to bridge the litigation and appellate practices to achieve a comprehensive litigation strategy.  Because Johnson & Bell has a group of experienced appellate attorneys we are in the unique position of assessing the case as it makes its way through the entire litigation process.  We are able to determine early on in the litigation, which issues will need to be particularly addressed to make a record for appellate review.  We have the expertise crucial to place the case in an appropriate posture for a successful appeal.

Representative Cases

  1. Insurance coverage dispute regarding whether the insurer had a duty to defend because the occurrence at issue was not covered by the policy terms, and the insurer was not stopped from arguing policy exclusions and coverage defenses.
  1. Personal injury case where plaintiff fell from roof of a condominium building and sued party host’s neighbor and owner of adjacent roof top deck.  Court held that client did not have a duty to plaintiff since the client had no ownership or control over the unimproved roof of the building or of the air shaft into which plaintiff fell, and therefore had no legal duty under Illinois law toward the plaintiff.
  1. Relation back dispute where plaintiff sued the incorrect party and then sought to belatedly amend his suit to include the proper party and owner of the property.
  1. Insurance coverage dispute regarding whether insured provided adequate notice to excess insurer of serious personal injury suits where suits had been initiated years before but primary carrier had provided defense until the primary carrier liquidated.
  1. Personal jurisdiction dispute where plaintiff sued Wisconsin corporate entity with which the Illinois plaintiff had a lease, but the Wisconsin entity did not do any business in Illinois and lacked sufficient contacts to confer jurisdiction to Illinois courts.
  1. Wrongful death case alleging pharmacy malpractice where prescription was allegedly short-filled and plaintiff decedent thereafter committed suicide; the court ruled that the suicide was not foreseeable and affirmed judgment notwithstanding the verdict to the pharmacy.
  1. Wrongful death case alleging pharmacy malfeasance for failure to warn of allegedly lethal dose of prescribed medication, but where summary judgment was granted to pharmacist and pharmacy and the appellate court affirmed
  1. Transfer of case from Illinois to Iowa based upon forum non conveniens where highway accident occurred in Iowa, and Illinois plaintiff-decedent received medial treatment in Iowa.
  1. Intrastate forum non conveniens dispute where plaintiff filed suit in Cook County despite living in DuPage County and having received medical attention first in DuPage County and then in DeKalb County, the appellate court overruled the trial court’s order denying the motion to transfer from Cook County to DuPage County.
  1. Legal malpractice action where plaintiff claimed that Defendant law firm committed malpractice in the sale of an internet business, appellate court affirmed jury’s not guilty verdict.
  1. Legal malpractice suit stemming from divorce proceedings where Defendant law firm was alleged to have improperly valued marital assets, the Defendant received a verdict in its favor and the appellate court affirmed.
  1. Medical malpractice case related to injuries sustained by a patient where acute care center was alleged to have failed to provide a proper examination and allegedly failed to order appropriate tests, but where the jury found in Defendant’s favor and the appellate court affirmed.
  1. Trade secret misappropriation case where appellate court affirmed preliminary injunction in favor of plaintiff corporation to halt use of trade secrets by former employee in new employment.

Recent Opinions

  1. Crumpton v. Walgreen Co., 2007 Ill. App. LEXIS 732 (Ill. App. Ct. 2007).
  1. Commercial Coin Laundry Sys. v. Loon Invs., LLC, 2007 Ill. App. LEXIS 721 (Ill. App. Ct. 2007).
  1. Weisman v. Schiller, Ducanto & Fleck, Ltd., 368 Ill. App. 3d 41 (Ill. App. Ct. 2006).
  1. MC Baldwin Fin. Co. v. DiMaggio, 364 Ill. App. 3d 6 (Ill. App. Ct. 2006); Pruitt v. Pervan, 356 Ill. App. 3d 32 (Ill. App. Ct. 2005).
  1. Liebert Corp. v. Mazur, 357 Ill. App. 3d 265 (Ill. App. Ct. 2005).
  1. Zurich Ins. Co. v. Walsh Const. Co. of Ill., Inc., 352 Ill. App. 3d 504 (Ill. App. Ct. ‏ 2004).

 

Appellate Attorneys