Notable Appeals

Moses’ father-in-law first suggested a hierarchy of courts (see Exodus 18:13-26), and cases today are not always won or lost at the trial level. Here are some notable decisions on appeals.

Harmon v. Gordon, 712 F.3d 1044 (7th Cir. 2013)

The 7th Circuit Court of Appeals affirmed the dismissal of Mr. Harmon’s claims of breach of contract, tortious interference, abuse of process, and malicious prosecution against NBA player Mr. Gordon.

Yessenow v. Executive Risk Indem., Inc., 953 N.E.2d 433 (1st Dist. 2011):

D & O insurance policy’s exclusion that bars coverage for claims brought by a bankruptcy trustee is unenforceable under the plain language of 11 U.S.C.  541(c) and policy’s “insured v. insured” exclusion does not bar coverage because the trustee is agent of the court.  

In re: Marriage of Bennett, 131 Ill.App.3d 1050, 476 N.E.2d 1297 (2d Dist. 1985):

Modification of fee agreements to attorney’s advantage is presumptively fraudulent. The case was featured in the Chicago Tribune’s ‘On the Law’ column May 7, 1985.

Franklin v. FMC Corp., 150 Ill.App.3d 343, 501 N.E.2d 887 (1st Dist. 1986)

One of the leading cases on the intra state forum non conveniens doctrine (permits cases to be transferred between counties).

Heinrich v. Peabody, 117 Ill.2d 162, 510 N.E.2d 889 (1987): 

Patterson argued twice in the Illinois Supreme Court—is the definitive case on the pleading requirements for deciding who is responsible for the actions of an employee loaned by one company to another (loaned servant doctrine).

Interfaith Medical Center v. Sabiston, 527 N.Y.S.2d 48, 136 A.D.2d 238 (NY AD 1988): 

One of the leading cases in the nation on a private association’s right to enforce its own rules.

McKenzie v. Romeiser, 205 Ill.App.3d 830, 563 N.E.2d 837 (1990):

In a case briefed and argued by Patterson, Justice Jiganti stated: “Both counsel on appeal were especially good lawyers.”

Stofer v. First National Bank of Effingham, 212 Ill.App.3d 530, 571 N.E.2d 157 (5th Dist. 1991):

Doctrines of interference with contractual relations and duress.

Chemical Bank v. Paul, 244 Ill.App.3d 772, 614 N.E.2d 436 (1st Dist. 1993): 

One of the leading cases on the obligation of good faith in commercial dealings.

Welsh v. Boy Scouts of America, 993 F.2d 126 (7th Cir. 1993): 

The Boy Scouts could exclude atheists. The Chicago Tribune (June 19, 1991), Wall Street Journal (March 16, 1992) and Chicago Sun-Times (March 14, 1992) all covered this case. Patterson was quoted in the firm’s newsletter: “We represented God and won.”

Hinc v. Lime-O-Sol Co., 382 F.3d 716 (7th Cir. 2004): 

Obligation of ‘good faith’ is not too vague to enforce.

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