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| Collinsville Cmty. Unit Sch. Dist. No. 10 v. Reg'l Bd. , Docket Nos. 98649, 98668 cons.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Trial court properly granted motion to amend to allow joinder in an administrative review action of the defendants, the petitioners in the underlying administrative proceeding; both of the 735 Ill. Comp. Stat. Ann. 5/3-107(a) conditions were present that allowed the school districts additional time to name and serve the additional defendants.
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| First Midwest Bank, N.A. v. Stewart Title Guar. Co., Docket No. 100162,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Lender's negligent misrepresentation case was properly dismissed under 735 Ill. Comp. Stat. Ann. 5/2-615, as lender sustained purely economic losses that were not recoverable in tort. Negligent misrepresentation exception to economic loss doctrine was inapplicable because title insurer was not in business of supplying information.
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| Gillmore v. Ill. Dep't of Human Servs., Docket No. 100123.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Appellate court properly affirmed the trial court's decision confirming the state human services department's finding that the decedent was eligible for Medicaid, but that a penalty period would have to be imposed for an improper transfer of assets, as transfer violated equal periodic payment regulation, Ill. Admin. Code tit. 89, § 120.387(e)(13).
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| L.A. Connection v. Penn-America Ins. Co., No. 3-05-0158,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 20, 2006, Filed
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Overview: The insurer was not estopped from asserting the policy exclusion where the insurer allegedly breached its duty to defend. Although the insured party first filed the declaratory judgment complaint seeking a defense, the insurer filed an answer and cross-claim within a reasonable time. Furthermore, the claimed exclusion was clearly applicable.
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| Mahoney v. Indus. Comm'n (United Airlines), Docket No. 100239.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Where the employee was hired by the employer in Illinois and was permanently transferred to Florida, where he sustained two compensable injuries, he was eligible for Illinois workers' compensation benefits under 820 Ill. Comp. Stat. Ann. 305/1(b)(2) because the employment contract was made in Illinois and was never terminated.
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| People ex rel. Dep't of Pub. Health v. Wiley, Docket No. 98763.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Summary judgment in favor of the Illinois Department of Public Health with regard to its breach of contract claim against a doctor under 110 Ill. Comp. Stat. Ann. 935/1 et seq. was upheld because the doctor failed to serve as a physician in a designated shortage area after the end of her residency thereby requiring her to pay treble damages.
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| People v. Bishop, Docket No. 99403.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Where defendant was convicted on four counts of criminal sexual assault, in violation of 720 Ill. Comp. Stat. Ann. 5/12-13(a)(1) and (a)(3), and four counts of aggravated criminal sexual assault, in violation of 720 Ill. Comp. Stat. Ann. 5/12-14(a)(2), all four criminal sexual assault counts were vacated as lesser included offenses.
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| People v. Boyd, No. 2-03-1358,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 20, 2006, Filed
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Overview: Defense counsel provided ineffective assistance of counsel to defendant in violation of Ill. Const. art. I, § 8 when defense counsel failed to invoke defendant's speedy-trial rights pursuant to 725 Ill. Comp. Stat. Ann. 5/103-5(a), and the remedy was to grant defendant a speedy-trial discharge on the relevant four home invasion counts.
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| People v. Hari, Docket No. 100055.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Where expert witness testified that defendant shot victims while under involuntary intoxication due to reaction from mix of medications, trial court erred in failing to instruct jury on involuntary intoxication under 720 Ill. Comp. Stat. Ann. 5/6-3. This unwarned and unexpected side effect was involuntarily produced within plain meaning of § 6-3.
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| People v. Jones, Docket No. 90282.,
SUPREME COURT OF ILLINOIS, January 20, 2006, Opinion Filed
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Overview: Defendant's conviction for first degree murder, in violation of 720 Ill. Comp. Stat. Ann. 5/9-1, was upheld on appeal after a second trial and he was not entitled to a jury instruction on involuntary manslaughter where no recklessness was shown and defendant's own statements rebutted his assertion that the death was inadvertent after a struggle.
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