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   State Courts - Illinois - January 9 - January 11, 2007

  
Burns v. Masterbrand Cabinets, Inc., NO. 4-06-0296, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 9, 2007, Filed
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Overview: Dismissal of a workers' compensation claimant's intrusion upon seclusion claims was reversed, as the tort was recognized in Illinois; the claimant sufficiently alleged intrusion upon seclusion based on alleged use of false pretenses by an employee of a private investigations company to gain entry into the claimant's home.

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People v. Anderson, NO. 4-06-0021, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 9, 2007, Filed
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Overview: Trial court did not err in finding that defendant violated the terms of his drug treatment program, in ordering him removed from it, and in sentencing him on the original burglary charge against him, as the trial court had jurisdiction to resurrect defendant's dormant burglary charge after his initial 24-month participation in that program.

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People v. Cole, NO. 4-05-0672, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 9, 2007, Filed
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Overview: Officer's traffic stop of defendant's vehicle was unreasonable and items seized should have been suppressed, as reasonable officer correctly interpreting 625 Ill. Comp. Stat. Ann. 5/12-503(c) would not have had reasonable suspicion that single strand of beads hanging from rearview mirror at driver's eye level constituted a violation of § 12-503(c).

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People v. Douglas, No. 1-04-3077, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 9, 2007, Decided , January 9, 2007, Opinion Filed
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Overview: Defendant's non-enhanced pre-Sharpe sentences on two counts of attempt murder of a peace officer were valid when imposed and remained valid post-Sharpe. Thus, appellate court rejected State's claim that Sharpe required that defendant be resentenced and that sentence enhancements in 720 Ill. Comp. Stat. Ann. 5/8-4(c)(1)(B), (C), (D) be applied.

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Thomas v. Montgomery (In re Estate of Lashmett), NO. 4-06-0407, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 9, 2007, Filed
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Overview: A judgment was properly entered for decedent's estate in 755 Ill. Comp. Stat. 5/16-1 citation proceeding. Five year statute of limitations set out in 735 Ill. Comp. Stat. 5/13-20 did not apply. Evidence supported circuit court's finding that respondent converted decedent's property. Property's res changed to monetary credit when property was sold.

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Bolger v. Nautica Int'l, Inc., No. 2-06-0578, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: In an Illinois buyer's breach of contract suit against a Florida seller about a transaction the buyer initiated, the seller did not have sufficient minimum contacts with Illinois to assert jurisdiction under 735 Ill. Comp. Stat. 5/2-209(c) (2004) because the seller did not purposefully avail itself of the privilege of doing business in Illinois.

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Harder v. Kelly, No. 2-06-0404, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: When an insurer claimed a lien, under 820 Ill. Comp. Stat. 305/5(b) (2004), against an employee's settlement of a claim against a third party who caused injuries for which the insurer paid worker's compensation, as an employer's subrogee, it did not have to reserve the lien in the settlement agreement, and a failure to do so did not waive the lien.

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Hussung v. Patel, No. 2-06-0303, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: Where a patient alleged that a doctor negligently administered an epidural steroid injection, defendants were entitled to summary judgment as to the medical malpractice claim because the patient failed to present any testimony establishing that the doctor's administration of the injection proximately caused her injuries.

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Joyce v. Mastri, No. 1-06-0086, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, January 11, 2007, Decided , January 11, 2007, Opinion Filed
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Overview: In this common-law negligence action, the grant of summary judgment to the general contractor was affirmed because the general contractor neither controlled the safety measures employed at the construction nor retained control over the incidental aspects of the work done by plaintiff's employer.

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People v. Brady, No. 2-04-1281, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 11, 2007, Filed
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Overview: Under 625 Ill. Comp. Stat. 5/11-401(b) (2002), barring leaving the scene of an accident involving a death, defendant was "involved in a motor vehicle accident" by participating in drag racing in which his opponent lost control of his car, and the statute was not unconstitutionally vague as applied, nor did it violate his Fifth Amendment privilege.

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