Appellate Decisions

Kensington Wine Auctioneers & Brokers, Inc. v. John Hart Fine Wine, Ltd. – 392 Ill.App.3d 1 (2009)This case involved several matters including but not limited to deceptive trade practices, injunctions, attorney’s conflict of interest and disqualification, and sanctions. This case has been cited 29 times by the Illinois Appellate Court since its entry.

City of Chicago v. Ramirez – 366 Ill.App.3d 938 (2006)Robert A. Egan challenged the long standing proposition that a demolition order is final after 30 days. The Appellate Court agreed that it is not final until the property is demolished. Therefore, within any time period from the date of the order of demolition until the actual demolition, the order may be modified. The court held that the order of demolition is akin to an injunction. This modifies all previous court decisions in that regard.

Northern Illinois Emergency Physicians, et al v. Landau, Omahana & Kopka – 344 Ill.App.3d 1209 (2003)This case has been to the Appellate Court on three occasions, and the Supreme Court on one. Northern Illinois Emergency Physicians sued their attorneys Landau, Omahana & Kopka. That case was in the Illinois Appellate Court and Illinois Supreme Court. This dealt with legal malpractice, proximate cause and damages.

Landau, Omahana & Kopka, Ltd. v. Franciscan Sister’s Healthcare Corporation – 323 Ill.App.3d 487 (2001)These cases have been cited 51 times by the Illinois Appellate Court and Illinois Supreme Court.

Dial Corporation v. Marine Office of America – 318 Ill.App.3d 1056 (2001)Robert represented the Dial Soap Company involving questions of insurance coverage and limitation periods to bring a claim.

Village of Franklin Park v. Aragon Management, Inc., 298 Ill.App.3d 774 (1998) The Illinois Appellate Court held that the Village of Franklin Park could not recover its costs for hiring outside experts with regard to the structural integrity of a hotel. The court held that expert witness fees were not cost as contemplated by the statute. This is the first time that an Appellate Court addressed that issue.

In Johnson v. St. Therese Medical Center, 296 Ill.App.3d 341 (1998) The Illinois Appellate Court vacated findings of contempt against live doctors for their failure to answer questions regarding their assets. The plaintiffs had obtained a $4,000,000 judgement against a single doctor and the partnership of which live other doctors were partners. The five other partners were not named in the original law suit. The Appellate Court held that even if the partners were liable for the partnership debt, it was not determined in the underlying judgment that they were in fact partners and liable. Therefore, plaintiff could not satisfy the judgment from their personal assets. This is a landmark case with regard to partnership law.

Selvy v. Beigel, 283 Ill.App. 3d 532 (1996) The Illinois Appellate Court held that the purchaser of a tax deed did not create a landlord/tenant relationship with the existing tenants. The tax deed extinguished all legal rights of the tenants to the property. Unless the tax buyer started to collect rent or did anything affirmative to create a landlord/tenant relationship, none existed. Therefore, the tax buyer was not responsible for injuries (lead paint poisoning) sustained by the tenants after the tax deed issued.

Selvy v. Beigel – 203 Ill.App.3d 532 (1996)This case involved the liability and responsibility of a tax purchaser to former tenants and existing tenants in property.

Citicorp Savings of Illinois v. First Chicago Trust of Illinois, 269 Ill.App. 3d 293 (1995) The Illinois Appellate Court affirmed Robert A. Egan’s attempt to vacate a judgment of foreclosure and sale after sale. The plaintiff had given an erroneous payoff letter arid therefore was charged with fraud in the obtaining of the judgment. This is one of the very few Appellate Court decisions affirming vacature of a judicial sale.

Fritch v, Fritch, 224 Ill.App.3d 229 (1991) The Illinois Appellate Court held that the father obligor for college expenses could not he held in indirect civil contempt after the child graduated from college. A civil judgment only could be entered. (Thereafter, certain statutes were modified by the Illinois General Assembly to permit contempt for failure to pay after the obligation was extinguished by emancipation of a minor).