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| People v. Eggleston, No. 3-03-0952,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, January 25, 2006, Filed
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Overview: Trial court did not abuse discretion by refusing to appoint independent counsel to investigate allegations of ineffective assistance where there was no showing defense counsel neglected defendant's case and record indicated counsel vigorously and ably represented client; counsel stated, inter alia, he did not call one witness as matter of strategy.
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| Sharp v. Trans Union L.L.C., 1-05-0719,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: In underwriters' suit to determine if lawsuits filed after policy was entered were excluded because insured party's counsel had known of violations that were likely to result in lawsuits, insured party violated policy's cooperation clause by failing to turn over items relating to pre-policy litigation involving same facts as post-policy litigation.
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| Am. Serv. Ins. Co. v. Pasalka, No. 1-04-3571,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where insurer's policies included provision limiting uninsured motorist claims to two years after accident and where insured parties's tortfeasors' insurers became insolvent after deadline, limitation provision violated 215 Ill. Comp. Stat. Ann. 5/143a, which required uninsured motorist coverage in case of insolvency, and Illinois public policy.
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| Bd. of Educ. v. State Teacher Certification Bd., No. 1-05-0778,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, January 26, 2006, Decided
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Overview: Legislative history of § 24-14 of the Illinois School Code, 105 Ill. Comp. Stat. Ann. 5/24-14, showed intent to include both tenured and nontenured teachers in prohibition against resigning during school year, so nontenured teacher's teaching certificate was properly suspended despite an ambiguity in § 24-14 on whether the prohibition applied.
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| Boelkes v. Harlem Consol. Sch. Dist. No. 122, No. 2-05-0516,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 26, 2006, Filed
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Overview: Where teacher's settlement with Harlem Consolidated School District based teacher's temporary total disability benefits on calculation under 820 Ill. Comp. Stat. Ann. 305/10, District was not collaterally estopped by settlement to use that calculation to determine teacher's pay when she returned to work. Teacher's employment contract governed pay.
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| Carroll Seating Co. J.J.L., Inc. v. Verdico, 1-04-3026 & 1-04-3457 (Cons.),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, January 26, 2006, Decided , January 26, 2006, Opinion Filed
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Overview: Since claim-filing provisions in § 2 of the Public Construction Bond Act, 30 Ill. Comp. Stat. Ann. 550/2 (2002), were not mandatory, they were not automatically incorporated in bond, which properly provided more protection than Act by allowing one-year time limit to file claims; subcontractors were properly granted summary judgment on bond claims.
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| City of Quincy v. Weinberg, NO. 4-05-0381,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 26, 2006, Filed
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Overview: Petition for rule to show cause did not comport with due process requirements as it impermissibly shifted burden of proof to property owner; city should have filed petition for adjudication of criminal contempt. Where there was no petition for rule to show cause before court, owner could not have had required notice of civil contempt proceeding.
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| Consumers IL Water Co. v. Vermilion County Bd. of Review, NO. 4-05-0053,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, January 26, 2006, Filed
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Overview: Illinois Property Tax Appeal Board decision that an owner's land, but not a dam, qualified for an open-space valuation under 35 Ill. Comp. Stat. Ann. 200/10-155 was reversed, and the cause was remanded to remove an improvement assessment for the dam because improvements did not have their own assessment value under § 10-155.
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| People v. Moses W. (In re Moses W.), No. 2-04-0122,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, January 26, 2006, Filed
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Overview: Judgment revoking a juvenile's probation was reversed, and the case was remanded for a new revocation hearing as the judge acquired information off the record about a factual matter at issue in the proceedings before him. Thus, the juvenile's motion for substitution of the judge under 725 Ill. Comp. Stat. Ann. 5/114-5(d) should have been granted.
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