Landmark Decision Finds That Expert Testimony Not Required

Thornton v. Garcini, 237 Ill. 2d 100 (Ill. Supreme Ct. 2009)
In a landmark decision by the Illinois Supreme Court, Spesia & Taylor partner John Spesia won an appeal that resulted in an award of more than $1 million for the firm’s client. In its decision the Illinois Supreme Court held that expert testimony is not required to establish that a Plaintiff suffered emotional distress.

Jury Verdicts Successfully Overturned

Lorenz v. Pledge, 2014 IL App (3d) 130137
After a jury found a sheriff’s deputy not guilty for causing a collision that resulted in the death of a 42-year-old woman, the family hired Spesia & Taylor to appeal the case to the Third District Appellate Court in Ottawa, Illinois. Spesia & Taylor won the appeal and the case was sent back for a new trial that resulted in a jury verdict of more than $4.1 million for the family.

Listen to an audio clip of attorney John Spesia's argument in court.

Thornton v. Garcini, 364 Ill.App.3d 612 (3rd Dist. 2006)
Spesia & Taylor won reversal of an unfavorable jury verdict in the Third District Appellate Court after the jury considered extraneous evidence in a newspaper article during deliberations. In the re-trial ordered by the Appellate Court the jury returned a verdict in favor of Spesia & Taylor’s client.

Yanello v. Park Family Dental, 2017 IL App (3d) 140926
Spesia & Taylor won an appeal after the trial court improperly allowed an expert witness to present inadmissible “demonstrative” evidence at trial. The Appellate Court reversed a jury verdict and a settlement was negotiated.

Jury Verdicts & Judgments Affirmed

Dayton v. McDonough County Sheriff’s Department, 2019 IL App (3d) 170698
Spesia & Taylor won a record setting $4.1 million verdict in favor of the family of a deceased 42 year-old mother of three. On appeal, the Third District Appellate Court upheld the $4 million dollar verdict and against the McDonough County Sheriff’s Department and awarded post-judgment interest which added more than $500,000 to the jury’s award.

Listen to an audio clip of attorney John Spesia's argument in court.

Thornton v. Garcini, 382 Ill. App. 3d 813 (3rd. Dist. 2008)
Spesia & Taylor successfully argued that a $700,000 verdict in favor of its client be affirmed by the Third District Appellate Court.

Howle v. Aqua Illinois, Inc, 2012 IL App (4th) 120207
Spesia & Taylor partner Michael Stiff won an appeal in the Fourth District Appellate Court in Springfield, Illinois, on behalf of the firm’s client in a negligence case involving a landlord’s responsibility to renters under the Animal Control Act.

Landmark Decision Allows Immediate Access For Pipeline Construction

Enbridge Pipelines (Ill.), L.L.C. v. Troyer, 2015 IL App (4th) 150334
Spesia & Taylor won a landmark decision in the Fourth District Appellate Court on behalf of its client Enbridge Pipelines in its effort to construct the Southern Access Extension Pipeline. The Appellate Court’s decision marked the first time that an Illinois appellate court ever allowed a pipeline/utility company immediate access to landowners’ properties to proceed with construction of a public improvement before a trial on just compensation. The decision, which the landowners labeled a common-law “quick take”, effectively prohibited the landowners from delaying the trial proceedings to secure settlements that exceeded the fair market value of the easements sought by Enbridge.

Landmark Decision On Retroactive Application Of Property Tax Statute

Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27 (Ill. Supreme Ct. 2001)
in a landmark decision the Illinois Supreme Court created a new standard to determine whether legislation could be retroactively applied in the context of collecting and accumulating property tax revenue.

Eminent Domain Jury Verdicts And Judgments Affirmed

Enbridge Energy, Limited Partnership v. Fry, 2017 IL App (3d) 150765
Landowners appealed from a decision by the Circuit Court of Will County setting the just compensation due to the landowners for pipeline easements at $12,700 – instead of the $340,000 sought by landowners. On appeal in the Third District Appellate Court, Spesia & Taylor was successful in upholding the trial court’s decision.

Listen to an audio clip of attorney John Spesia's argument in court.

Enbridge Pipelines (Ill.), L.L.C. v. Hoke, 2017 IL App (4th) 150544
Spesia & Taylor prevailed in appeals filed by landowners in consolidated eminent domain cases in DeWitt County, Illinois. The Fourth District Appellate Court affirmed verdicts in favor of Spesia & Taylor’s client which set just compensation at $10,500 for pipeline easements necessary to construct Enbridge Pipelines’ Southern Access pipeline. In its decision, the Appellate Court rejected the landowners’ claim for $680,000 in just compensation which was impermissibly founded on the possibility that the fear and stigma associated with oil pipelines would influence the market value of their property.

Enbridge Pipelines (Ill.), L.L.C. v. Hoke (Hoke II), 2019 IL App (4th) 150544-B
The Fourth District Appellate Court awarded Spesia & Taylor’s client Enbridge Pipelines more than $61,000 in sanctions against an attorney representing landowners for pursuing frivolous claims that Enbridge failed to negotiate in good-faith prior to filing its complaints for condemnation.

Enbridge Pipelines (Ill.), L.L.C. v. Kuerth, 2016 IL App (4th) 150519
Spesia & Taylor prevailed in the Fourth District Appellate Court when it approved compensation for pipeline easements totaling $13,700 for two landowners in Livingston County. The Appellate Court found that the landowners’ expert appraisal opinions were properly barred from evidence because the landowners’ real estate appraiser impermissibly testified that construction in the temporary easement caused permanent damage to the value of the remainder property. The Appellate Court thus precluded the landowners’ from offering evidence that just compensation should have been $570,000.

Listen to an audio clip of attorney John Spesia's argument in court.

Enbridge Pipelines (Ill.), L.L.C. v. Kuerth (Kuerth II), 2018 IL App (4th) 150519-B
Landowners filed a traverse motion challenging the public use and benefit of a pipeline project that had been certificated by the Illinois Commerce Commission. The Fourth District Appellate Court held that under the Eminent Domain Act the Commission’s certificate created a rebuttable presumption that the pipeline project was primarily for the benefit, use, or enjoyment of the public. Spesia & Taylor successfully argued that the landowners failed to rebut presumptions afforded to its client - a certificated common carrier by pipeline.

Enbridge Pipelines (Ill.), L.L.C. v. Kiefer, 2017 IL App (4th) 150342
Eighteen McLean County landowners filed appeals in condemnation cases wherein they sought $22.5 million in compensation for pipeline easements. The Fourth District Appellate Court ruled in favor of Spesia & Taylor’s client and upheld the trial court’s award of $312,000 in just compensation.

Enbridge Pipelines (Ill.), L.L.C. v. Monarch Farms, 2017 IL App (4th) 150807
Landowners in twenty-two consolidated condemnation cases in McLean County appealed eminent domain cases wherein they sought over $35.7 million in compensation for pipeline easements. On appeal, the Fourth District Appellate Court agreed with Spesia & Taylor the landowners’ valuation evidence was founded on “inappropriate factors include[ing] fear and stigma associated with oil pipelines, potential for oil leaks, and the unfounded speculation that hydrostatic testing would pose unspecified safety concerns.” The Court concluded that the landowners’ expert real estate appraiser was properly barred from testifying and the Court set the total just compensation owed to the landowners at $357,500.

Enbridge Pipelines (Ill.), L.L.C. v. Temple, 2017 IL App (4th) 150346
Landowners in three McLean County condemnation cases appealed verdicts in favor of Enbridge Pipelines. Spesia & Taylor successfully argued to the Fourth District Appellate Court that summary judgment was properly entered in the amount of $93,000 – instead of the $5 million sought by the landowners.

Enbridge Pipelines (Ill.), L.L.C. v. Temple (Temple II), 2019 IL App (4th) 150346
The Fourth District Appellate Court affirmed $25,000 in sanctions awarded to Spesia & Taylor’s client against the landowner’s attorney who pursued frivolous claims. On appeal, the Appellate Court also determined that the landowners’ attorney continued to pursue frivolous claims on appeal and awarded Spesia & Taylor’s client an additional $5,000 as an appellate sanction pursuant to Ill. S. Ct. R. 375.

Listen to an audio clip of attorney John Spesia's argument in court.

Seventh Circuit Thwarts Arbitrary Township Road Commissioner Requirements

Aux Sable Liquid Prods v. Murphy, 526 F.3d 1028 (7th Cir. 2008)
Partner Christian Spesia and the team at Spesia & Taylor successfully upheld an injunction on behalf of the firm’s client Aux Sable Liquid Products, Inc., which prohibited a township road commissioner from imposing a restriction on the weight of trucks travelling on a township road to Aux Sable’s terminal. The Seventh Circuit Court of Appeals found that the township road commissioner’s attempt to limit the weight of trucks travelling to Aux Sable’s facilities was a violation of the federal Surface Transportation Assistance Act.

Tyler v. Gibbons, 368 Ill. App. 3d 126 (3rd Dist. 2006)
Spesia & Taylor successfully argued that the Circuit Court of Will County properly dismissed a complaint filed by a party alleging that corporate officers represented by Spesia & Taylor breached their fiduciary duty to the company’s shareholders. The Circuit Court’s decision, which adopted Spesia & Taylor’s argument that res judicata and the Moorman doctrine applied to Plaintiff’s claims, was affirmed by the Third District Appellate Court.

Norris v. Officers Serrato, Williams, Hall and the City of Joliet, 2019 U.S. App. Lexis 6612; 2019 WL 1034365 (7th Cir. 2019)
Spesia & Taylor Partner Michael Stiff successfully defended a police officer and the City of Joliet against a baseless civil rights claim arising from an arrest. The Seventh Circuit Court of Appeals affirmed United States District Court Judge Robert M. Dow’s decision, in which he had found that probable cause existed for the arrest.

County of Will and Waste Management of Illinois, Inc. v. The Village of Rockdale, 2018 IL App (3d) 160463
Spesia & Taylor represented the Village of Rockdale in connection with the adoption of an ordinance approving a solid waste transfer station in the Village. On appeal to the Pollution Control Board, Spesia & Taylor Partner Michael Stiff successfully argued in favor of the location of the transfer station. The Third District Appellate Court agreed with arguments made by Spesia & Taylor and affirmed the decisions of the Pollution Control Board and Village of Rockdale.