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| Atwood v. St. Paul Fire & Marine Ins. Co., No. 2-05-0590,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 8, 2006, Filed
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Overview: 215 Ill. Comp. Stat. Ann. 5/143.1, which tolled limitation periods for filing breach of contract suits against insurers during time between filing of proof of loss and denial of claim, was type of statute that could extend a policy limitation period clause, but even applying the statute, an insured's action against her insurer was untimely.
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| People v. Carol S. (In re Christopher S), 1-05-2673,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 8, 2006, Decided , March 8, 2006, Opinion Filed
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Overview: Finding minor was dependent through no fault of parents was supported by evidence parents contacted numerous agencies to find alternative care for minor but were unable to find affordable agency to take him. Evidence parents were willing to participate in family therapy supported finding they were unable, but not unwilling, to care for minor.
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| People v. Hauschild, No. 2-03-0857,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 8, 2006, Filed
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Overview: Trial court did not err in convicting defendant of armed robbery pursuant to 720 Ill. Comp. Stat. Ann. 5/18-2(a)(2); State lacked the authority to charge defendant with armed violence predicated on robbery since that offense had ceased to exist and, thus, penalty for it could not be unconstitutionally disproportionate to armed robbery penalty.
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| Wolfe v. Menard, Inc., No. 2-04-0629,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 8, 2006, Filed
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Overview: Trial court's ex-parte communication with the jurors during their deliberations in the claimant's personal injury action against the store probably prejudiced the jury, especially since the trial court addressed a central legal issue in the case, that of comparative fault, and, thus, the store was entitled to a new trial.
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| Eagle Marine Indus. v. Union Pac. R.R. , NO. 5-05-0038,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 9, 2006, Filed
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Overview: Grant of a permanent injunction, pursuant to 625 Ill. Comp. Stat. Ann. 5/18c-7402(1)(b) (2002), that prevented a railroad from obstructing a public road crossing for greater than 10 minutes was affirmed because business operators had an implied private right of action under § 18c-7402(1)(b). Further, their action was not preempted by federal law.
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| Galasso v. KNS Cos., No. 1-05-0284,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 9, 2006, Decided
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Overview: Trial court did not err in not vacating arbitration award favoring father and son based on employer's argument that arbitrator did not have power to determine existence of employment contracts; 710 Ill. Comp. Stat. Ann. 5/2 (2002) provided parties with a way to bring arbitrability questions before court and employer did not invoke that provision.
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| Jones v. Cahokia Unit Sch. Dist. No. 187, NO. 5-04-0191,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 9, 2006, Filed
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Overview: Where former teacher, in appeal of his termination, failed to name as defendant Illinois State Board of Education and hearing officer under 735 Ill. Comp. Stat. Ann. 5/3-107(a) and failed to timely serve State Board and hearing officer under 735 Ill. Comp. Stat. Ann. 5/3-103, judicial review was unavailable under 735 Ill. Comp. Stat. Ann. 5/3-102.
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| People v. Thomas, Nos. 1-01-1447, 1-04-2466 (consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 9, 2006, Decided
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Overview: No Brady violation was found where there was not reasonable probability subject statement would have affected verdict or that failure to disclose statement was affirmative decision rather than an oversight. As appellate court reviewed and affirmed inmate's conviction before Apprendi was decided, he was not entitled to review under Apprendi.
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| Reynolds v. Menard, Inc., No. 1-05-0176,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 9, 2006, Decided
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Overview: Probable cause to find guilt in the context of a malicious prosecution or false imprisonment action could be based on information from sources other than personal knowledge, including from other persons as well as records kept on store computer systems. Permitting retailers to rely on such information promoted public policy by exposing crime.
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