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| Calles v. Scripto-Tokai Corp., Docket No. 101089.,
SUPREME COURT OF ILLINOIS, February 16, 2007, Opinion Filed
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Overview: Reversal of summary judgments in favor of lighter manufacturer on strict liability and negligent design claims was affirmed; supreme court declined to adopt a per se "simple product" exception to risk-utility test for design defect and fact questions precluded summary judgment on either of the two claims by administrator of child decedent's estate.
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| Esmail v. Dep't of Revenue, No. 2-06-0277,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 16, 2007, Filed
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Overview: Bond required by 35 Ill. Comp. Stat. Ann. 735/3-7(b-5) when complaint for administrative review of a tax penalty was filed was mandatory, and as taxpayer failed to file bond within 30 days of Illinois Department of Revenue's initial filing of a motion to dismiss, trial court's dismissal of the complaint was appropriate and was in fact required.
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| Forsythe v. Clark USA, Inc., Docket No. 101570.,
SUPREME COURT OF ILLINOIS, February 16, 2007, Opinion Filed
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Overview: Trial court erred in granting summary judgment to the parent company of a refinery in estate administrators' action arising from workers' death in a fire, as Illinois recognized a cause of action for direct participant liability, and there was an issue of fact on whether the parent company imposed budget cuts which allegedly caused the fire.
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| Hadley v. Ill. Dep't of Corr., Docket No. 101979.,
SUPREME COURT OF ILLINOIS, February 16, 2007, Opinion Filed
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Overview: Illinois appellate court properly reversed trial court's granting of state corrections department's motion to dismiss inmate's complaint seeking relief from it charging copayment for certain medical services, as 730 Ill. Comp. Stat. Ann. 5/3-6-2(f) gave inmate clear right to exemption from copayment because he was indigent at time he sought them.
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| In re Marriage of Paredes, No. 1-05-1525,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, February 16, 2007, Decided
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Overview: Trial court erred in a child support arrearage case in crediting father for payments he made directly to mother despite a court order that directed him to make them to state family services department; under 305 Ill. Comp. Stat. Ann. 5/10-1, mother assigned those payments to state family services department to the extent she received public aid.
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| Murray v. Chi. Youth Ctr., Docket No. 99457.,
SUPREME COURT OF ILLINOIS, February 16, 2007, Opinion Filed
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Overview: Affirmance of summary judgment grant for city board of education, city youth center, and city youth center employee on injured youth and his mother's personal injury lawsuit was error, as they sufficiently alleged willful and wanton exception to immunity available under 745 Ill. Comp. Stat. Ann. 10/2-201 and 745 Ill. Comp. Stat. Ann. 10/3-108(a).
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| Neely v. Bd. of Election Comm'rs, No. 1-07-0309,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 16, 2007, Opinion Filed
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Overview: Chicago Board of Election Commissioners properly sustained an objection to a candidate because his deliberate assertion of residence in the 8th Ward of Chicago, Illinois in March 2006 proved that he had not resided in the 20th Ward, for purposes of serving as a representative of that ward, for the requisite year before the February 2007 election.
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| People v. Macias, No. 1-04-3743,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, February 16, 2007, Decided
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Overview: Among other things, trial court had no duty to sua sponte question prospective jurors regarding attitudes about gangs and inculpatory statement was voluntary where defendant was 18 at time of arrest, had eight prior arrests, was interviewed three times in 57 hours prior to statement, was given Miranda warnings, and was allowed to eat and sleep.
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| People v. Nitz, No. 2-05-0704,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 16, 2007, Filed
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Overview: Counsel was not ineffective for failing to challenge rulings on motions to quash arrest and suppress evidence as failure did not forfeit appellate review of rulings and therefore, defendant suffered no prejudice. Investigatory stop was lawful based on reliable informant tip and arrest was lawful based in cannabis smell coming from vehicle.
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| People v. Perry, Docket No. 101612.,
SUPREME COURT OF ILLINOIS, February 16, 2007, Opinion Filed
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Overview: Trial court erred in reducing defendants' conviction of theft by deception as a class 2 felony, 720 Ill. Comp. Stat. Ann. 5/16-1(b)(5) (2000), to a class 3 felony, because occupancy of a hotel room was "property," and the value of the room which defendant occupied for an extended period and failed to pay for exceeded $ 10,000.
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