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| Gurnitz v. Lasits-Rohline Serv., No. 3-06-0216,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 12, 2007, Decided , January 12, 2007, Modified Opinion Filed
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Overview: Where an employee sought to modify an alleged clerical error in a workers' compensation decision of the Industrial Commission of Illinois, it was an abuse of discretion to deny the employee's motion to amend under the Workers' Compensation Act because, inter alia, there was an "irreconcilable inconsistency" within the Commission's decision.
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| Kibort v. Westrom, No. 2-06-0296,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 12, 2007, Filed
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Overview: Circuit court's summary judgment award to a county election commission in an action for declaratory and injunctive relief was affirmed because 10 Ill. Comp. Stat. Ann. 5/17-20 and 10 Ill. Comp. Stat. Ann. 5/17-22 prohibited the commission from disclosing requested elections records to a citizen under 5 Ill. Comp. Stat. Ann. 140/7(1)(a).
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| Mead Corp. v. Dep't of Revenue, No. 1-03-1160,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, January 12, 2007, Decided
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Overview: Circuit court judgment in a tax case was affirmed because a taxpayer corporation and an electronic publisher were not unitary, the sale of the publisher by the taxpayer corporation was a liquidation, and the gain therefrom was apportionable business income under 35 Ill. Comp. Stat. Ann. 5/1501(a)(1) and 35 Ill. Comp. Stat. Ann. 5/304(a).
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| People v. Martinez, 1-04-2023,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, January 12, 2007, Decided
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Overview: Trial court did not err in sentencing defendant to maximum 14 years in prison pursuant to 720 Ill. Comp. Stat. Ann. 5/9-3(e) even though legislature amended that law nearly one year after offense date and about one year before he was sentenced, as new law made substantive changes to offense and did not intend to make punishment less stringent.
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| People v. Walls, NO. 4-05-0869,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 12, 2007, Filed
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Overview: No inconsistency existed between mental states underlying defendant's convictions for second degree murder and aggravated battery with a firearm, as his belief he was justified in shooting victims was a "mitigating circumstance," not a mental state, which reduced homicides from first to second degree murder. Thus, verdicts were not inconsistent.
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| Seith v. Chicago Sun-Times, Inc., No. 1-03-1307,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, January 12, 2007, Decided , January 12, 2007, Opinion Filed
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Overview: Trial court's order dismissing plaintiff's defamation complaint pursuant to 735 Ill. Comp. Stat. Ann. 5/2-615 was affirmed. In the context of the full newspaper article, the complained-of language allegedly linking plaintiff to organized crime was not defamatory because it was reasonably subject to an innocent construction.
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| Williams v. City of Chicago, No. 1-05-3856,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, January 12, 2007, Decided
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Overview: Trial court properly granted city's motion for directed verdict in negligence action filed by pedestrian who fell on a curb as the city did not owe a duty under 745 Ill. Comp. Stat. Ann. 10/3-102(a) to pedestrian who, in going back to parked car, crossed street outside of an existing crosswalk and stepped up on allegedly defective curb mid-street.
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| People v. Allen, NO. 4-05-0683,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 16, 2007, Filed
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Overview: Defendant's conviction for unlawful delivery of a controlled substance for delivering 1 gram or more but less than 15 grams of heroin (720 Ill. Comp. Stat. Ann. 570/401(c)(1) (2002)) was affirmed, as the prosecutor's use of the word "unwittingly," to describe intent, while perhaps misleading out of context, was not a misstatement of the law.
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| Robillard v. Berends, No. 1-06-0407,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, January 16, 2007, Filed
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Overview: Circuit court's denial of motion to quash foreign default judgment was proper as attorneys and their firm submitted to jurisdiction of Massachusetts court under both Mass. Gen. Laws ch. 223A, § 3 and due process concepts; contacts they had with Massachusetts expert constituted transaction of business in state and provided required minimum contacts.
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| Selective Ins. Co. v. Urbina, No. 1-06-0298,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 16, 2007, Filed
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Overview: As 215 Ill. Comp. Stat. 5/513a11 (2004) applied only to premium finance companies and imposed no obligations on insurers acting in accordance with cancellation requests, insurer's cancellation of judgment debtor's auto liability policy at finance company's request was effective even if finance company did not have debtor's signed power of attorney.
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