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| Fuller Family Holdings, LLC v. Northern Trust Co., No. 1-06-1533,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 13, 2007, Filed
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Overview: Trial court erred in dismissing holding company's action against trust company for breach of fiduciary duty and spoliation of evidence; fiduciary duty claim was not released under prior litigation's settlement agreement since agreement did not express that intent, and dismissal of spoliation claim assumed proper dismissal of fiduciary duty claim.
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| Paul B. Episcope, Ltd. v. Law Offices of Campbell & Di Vincenzo, No. 1-05-2329,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, February 13, 2007, Filed
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Overview: Receiving attorneys were entitled to summary judgment in a breach of fiduciary duty action brought by the referring attorneys because a client representation agreement the referring attorneys alleged would have violated Ill. Sup. Ct. R. Prof. Conduct 1.5(f) as it failed to state the basis for a division of fees and the parties' responsibilities.
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| Vega v. Northeast Ill. Reg'l Commuter R.R. Corp., Nos. 1-05-1888 and 1-05-3169, Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, February 13, 2007, Opinion Filed
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Overview: Commuter railroad and a city park district were entitled to summary judgment on parent's negligence claim because the railroad owed no duty to the parents' child as the child attempted to cross the railroad tracks at a place other than a public crossing, and the parents did not show that the district was responsible for a fence by the tracks.
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| Carty v. Suter Co., No. 2-06-0408,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 14, 2007, Filed
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Overview: Trial court erred in granting summary judgment to employer on employee's retaliatory discharge claims; both counts of the complaint stated common law claims for retaliatory discharge founded on the public policy statements contained in 820 Ill. Comp. Stat. Ann. 140/1 et seq. and 21 U.S.C.S. § 342.
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| People v. Gargani, No. 2-05-0478,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 14, 2007, Filed
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Overview: Conviction was reversed as defendant was tried in absentia without counsel; strict compliance with 725 Ill. Comp. Stat. Ann. 5/115-4.1 was mandatory prerequisite to holding criminal trial in absentia. Double jeopardy principles did not bar retrial; evidence was sufficient to find beyond reasonable doubt elements of driving with revoked license.
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