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| Jensen v. Bayer AG, No. 1-04-3879,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 2, 2007, Decided , February 2, 2007, Opinion Filed
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Overview: Trial court properly granted drug maker's summary judgment motion against claims of alleged violations of Consumer Fraud and Deceptive Practices Act, 815 Ill. Comp. Stat. Ann. 505/2, breach of implied warranty, and for medical monitoring; consumer did not allege concealment or show privity, and necessity of medical monitoring was not shown.
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| People v. Ward, No. 1-04-1852,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 2, 2007, Opinion Filed
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Overview: Among other things, defendant was not denied fair trial when juror told others defendant communicated with him, as juror ensured court he could remain fair and impartial and any further inquiry would only have accentuated communication. Identification of defendant supported conviction, any inadequacy in description only went to weight of testimony.
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| VG Marina Mgmt. Corp. v. Wiener, No. 2-05-0610,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 2, 2007, Filed
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Overview: Chicago, Ill., Mun. Code § 5-12-140(f) (1991) did not bar an award of attorney fees in a landlord's suit for past due rent because a lease provision allowing an award did not conflict with the ordinance, and the landlord's failure to cite the Chicago, Illinois, Residential Landlord and Tenant Ordinance in his complaint did not bar its application.
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| Baraniak v. Kurby, No. 1-06-0518,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 6, 2007, Opinion Filed
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Overview: Trial court committed reversible error when it failed to give collateral source damages instruction to jury after jury asked whether injured party or insurance company had paid the injured party's medical bills. Absent expert testimony on correlation between vehicular damage and injuries, photographs of damaged vehicles should have been excluded.
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| People v. Jones, No. 1-05-0219,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 6, 2007, Opinion Filed
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Overview: Admission of videotaped statement did not support ineffective assistance claim as defendant failed to overcome presumption counsel's failure to file motion to suppress was result of strategy where mutual combat was defense. Reduction to second degree murder was not appropriate as defendant's actions were grossly disproportionate to any provocation.
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| St. Pierre v. Koonmen, No. 2-06-0139,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 6, 2007, Filed
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Overview: When an insurer paid its insured for injuries, the insurer had no lien against the insured's settlement of a legal malpractice claim against her attorney, despite a policy clause allowing its reimbursement if the insured recovered "from another," because the insurer could only be reimbursed from sums collected for injuries the insurer compensated.
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| Callinan v. Prisoner Review Bd., No. 3-05-0644,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, February 7, 2007, Filed
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Overview: An inmate was entitled to an award of attorney fees and costs incurred in obtaining his parole file, under 5 Ill. Comp. Stat. 140/11(i) (2004), because (1) he substantially prevailed in his effort to obtain the file, (2) he was a non-commercial requestor, (3) no special circumstances barred an award, and (4) an award furthered statutory purposes.
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