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   State Courts - Illinois - January 4 - January 11, 2006

  
Jackson v. Reid, NO. 4-05-0378, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 4, 2006, Filed
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Overview: In medical malpractice action, where the only connection with McLean County was that tests were ordered from there, McLean County was improper venue. Under the 735 Ill. Comp. Stat. Ann. 5/2-101 transactional test, every aspect of the theories put forth by patient and parents occurred in Peoria County. Tests themselves did not form basis of action.

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People ex rel. Madigan v. Petco Petroleum Corp., NOS. 4-04-0558, 4-04-0868 cons., APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 4, 2006, Filed
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Overview: A trial court erred by failing to issue an injunction against a petroleum corporation as requested by the State in proceedings against the corporation involving oil spills since injunctive relief was available under 225 Ill. Comp. Stat. Ann. 725/11 and a clear pattern of at least five monthly spills existed that required such relief.

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Price v. Hickory Point Bank & Trust, NO. 4-05-0532, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 5, 2006, Filed
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Overview: Because a guardian showed violations of Decatur, Ill., Mun. Code ch. 7040 and 40 C.F.R. §§ 745.113, 745.107, discussion of a landlord's knowledge of the alleged statutory violations was irrelevant; the trial court violated Ill. Sup. Ct. R. 23 by permitting defendants' counsel to cite an unpublished order of the Illinois Appellate Court.

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Kinkel v. Cingular Wireless, L.L.C., No. 100925, SUPREME COURT OF ILLINOIS, January 11, 2006, Decided
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Overview: Because a chamber of commerce's amicus curiae brief essentially restated arguments advanced by one of the litigants, who was represented by two large, well-respected law firms, pursuant to Ill. Sup. Ct. R. 345, the brief was of no benefit to the court or the adversarial process; therefore, the chamber's motion to file the brief was denied.

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People v. Volkmar, NO. 5-03-0117, APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, January 11, 2006, Filed
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Overview: Because defendant's postconviction petition was filed beyond the 90-day time period in 725 Ill. Comp. Stat. Ann. 122-2.1 (2004), and the State had not filed a motion to dismiss based on waiver, res judicata, or untimeliness, pursuant to 725 Ill. Comp. Stat. Ann. 122-5, the trial court was obligated to docket the petition for further consideration.

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