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| Auto-Owners Ins. Co. v. Stubban, NO. 4-06-0258,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 19, 2007, Filed
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Overview: Trial court's ruling in a declaratory action that insurer had no duty to defend insured as he was owner of an ATV within the meaning of a policy exclusion, was proper, even though the ATV was stolen property; the insured paid good consideration for the ATV, he considered himself the owner, and he and his family used the ATV regularly.
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| Bagent v. Blessing Care Corp., Docket No. 102430.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: Hospital was not liable under respondeat superior for phlebotomist's disclosure of confidential patient information while off duty and after hours in tavern, because this was not the kind of conduct she was employed to perform and hospital plainly forbade her from such disclosure. Phlebotomist was not motivated to serve hospital by disclosure.
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| Bd. of Trs. v. Ill. Labor Rels. Bd., Docket Nos. 101450, 101508, 101542, 101558 cons.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: Illinois Appellate Court erred in overturning Illinois Educational Labor Relations Board and the Illinois Labor Relations Board decisions because two unions' parking proposals were subject to mandatory collective bargaining as they involved terms and conditions of workers' employment and did not affect a university's inherent managerial rights.
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| MJ Ontario, Inc. v. Daley, No. 1-04-2249,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, January 19, 2007, Decided
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Overview: Trial court properly upheld the denial of a corporation's application for a late-hour liquor license because evidence in the form of testimony of residents of the area and others was properly admitted, and the evidence indicated that the grant of the license would exacerbate existing problems including criminal activity and public drinking.
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| Nat'l Holdings, Inc. v. Zehnder, NO. 4-06-0148,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 19, 2007, Filed
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Overview: Modified form of functional test was appropriate if disposition of assets was made pursuant to a corporate liquidation in cessation of business. Corporation's gain from asset sale was nonbusiness income under former 35 Ill. Comp. Stat. 5/1501(a)(1) because it was cessation of business and not used in corporation's ongoing business operations.
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| People v. Harris, Docket No. 102017.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: Trial court did not err by summarily dismissing defendant's petition for postconviction relief since no abuse of discretion was shown by the trial court concluding that defendant's affidavits did not meet the requirements of 725 Ill. Comp. Stat. Ann. 5/122-2, thereby making the petition frivolous.
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| People v. Pack, Docket No. 102253.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: The inmate, serving consecutive sentences, was "imprisoned" under any one of the sentences for purposes of 725 Ill. Comp. Stat. Ann. 5/122-1(a). Therefore, the inmate was "imprisoned in the penitentiary" for purposes of § 122-1(a) when the inmate filed his petition for postconviction relief and the dismissal of the petition was erroneous.
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| People v. Suarez, Docket No. 100499.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: Appellate court erred in applying harmless error analysis where no compliance with Ill. Sup. Ct. R. 651(c) was shown. Compliance had to be shown regardless of whether claims were viable; where postconviction counsel does not adequately complete mandated duties, limited right to counsel conferred by Post-Conviction Hearing Act could not be realized.
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| People v. Wear, NO. 4-06-0353,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 19, 2007, Filed
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Overview: Trial court's rescission of the summary suspension of defendant's driver's license was reversed as that ruling occurred in a civil proceeding separate and distinct from the driving under the influence case that the State of Illinois nol-prossed. Further, under the hot pursuit doctrine, there was no violation of defendant's Fourth Amendment rights.
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| Samour, Inc. v. Bd. of Election Comm'rs , Docket Nos. 101902, 102227 cons.,
SUPREME COURT OF ILLINOIS, January 19, 2007, Opinion Filed
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Overview: Chinese ballot in two local options elections under Liquor Control Act of 1934 substantially complied with ballot form of 235 Ill. Comp. Stat. Ann. 5/9-6 (2002). Although the precinct and ward numbers were transposed, voters relied on the common description of the areas and the general term "xiao shou" was the best translation of "sale at retail."
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