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| Bagent v. Blessing Care Corp., NO. 4-05-0495,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 3, 2006, Filed
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Overview: Phlebotomist had continuing duty to maintain confidentiality of patient records, which she violated when she disclosed results to patient's twin sister at public tavern; phlebotomist testified she entered into confidentiality agreement when she starting working at hospital and that her understanding was everything was private so don't say anything.
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| Brucker v. Mercola, No. 1-05-0881,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 3, 2006, Decided
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Overview: Trial court properly dismissed a child's claim against a doctor and others, as the claim sounded in medical malpractice and the damages to the child allegedly occurred as a result of the doctor's treatment of the mother; thus, the claim was barred by the medical malpractice statute of repose, 735 Ill. Comp. Stat. 5/13-212(b) (2002).
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| Caparos v. Morton, No. 1-04-2354,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 3, 2006, Decided
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Overview: Trial court's judgment that developers violated fiduciary duties to limited partners in relation to the management of a nightclub was affirmed because the action was a proper derivative action and the fact that the limited partners failure to name the limited partnership as a party did not prejudice the limited partnership.
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| PRA III, LLC v. Hund, No. 3-04-0886,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 3, 2006, Filed
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Overview: Trial court did not err in denying debtor's counterclaim alleging assignee charged excessive interest; assignee was entitled to seek interest on her credit card debt assigned to in the same amount, as assignor was entitled to seek from her under the original credit agreement under the common law of assignment and 815 Ill. Comp. Stat. Ann. 205/5.
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| Rubloff CB Machesney, LLC v. World Novelties, Inc., No. 2-05-0673,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 3, 2006, Filed
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Overview: The Illinois time computation statute, 5 Ill. Comp. Stat. 70/1.11 (2002), did not apply to a tenant's duty to pay rent, since the time for doing so had already been computed by the lease: the first of the month. Therefore, the tenant's tender of the rent on January 3 was untimely, even though January 1 was a holiday and January 2 was a Sunday.
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| Cangemi v. Advocate South Suburban Hosp., No. 1-04-3155,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 6, 2006, Decided , March 6, 2006, Opinion Filed
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Overview: Trial court properly dismissed medical negligence claims against a doctor and a hospital, as the claims were untimely and 735 Ill. Comp. Stat. 5/13-215 did not toll the limitations period and as plaintiffs failed to show any negligence by the doctor or that the hospital knew of any fraudulent concealment of birth difficulties by staff members.
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| Equity Residential Props. Mgmt. Corp. v. Nasolo, No. 1-05-0610,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 6, 2006, Decided , March 6, 2006, Opinion Filed
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Overview: Circuit court's order denying a tenant's motion to quash service and vacate a default judgment order for possession was vacated, and the cause was remanded because an evidentiary hearing was required as to whether the landlord made the due and diligent inquiry required for constructive service under 735 Ill. Comp. Stat. Ann. 5/9-107.
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| O'Brien v. White, Docket No. 102077,
SUPREME COURT OF ILLINOIS, March 6, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to judges claiming 10 Ill. Comp. Stat. Ann. 5/7A-1, regarding deadline for them to file for judicial retention, violated Ill. Const. art. VI, § 12(d), containing a different deadline for judges to file for judicial retention, as the statute's deadline had to yield to the state constitution's deadline.
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| Schlicher v. Bd. of Fire & Police Comm'rs , No. 2-05-0774,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 6, 2006, Filed
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Overview: Dismissal of police officer's claims against village administrative board, village, village manager, former police chief, current police chief, and fellow officer regarding promotion bypass was proper, except that his First Amendment retaliation claim against former and current police chiefs, individually, should not have been dismissed.
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| Turner v. Firstar Bank, N.A., NO. 5-04-0548,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 6, 2006, Filed
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Overview: The $ 500,000 punitive damages award against the note holder was excessive under U.S. Const. amend. XIV. The note holder's conduct did not involve intentional malice and did not cause physical harm, and the punitive damages award was 20 times greater than the compensatory damages award.
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