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| Braglia v. McHenry County State's Atty.'s Office, No. 2-06-0572,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 27, 2007, Filed
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Overview: Appeal was dismissed because the Illinois Department of State Police lacked standing to appeal from an order of the circuit court that the Department issue to an applicant a firearm owner's identification card under 430 Ill. Comp. Stat. Ann. 65/10(b), as the Department was neither named in the applicant's complaint nor served with summons.
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| Kulchawik v. Durabla Mfg. Co., Docket Nos. 1-05-1932, 1-05-1933, 1-05-1934, 1-05-1935, 1-05-1936, 1-05-1937, 1-05-1938, 1-05-1939, 1-05-1940, 1-05-1941, 1-05-1942, 1-05-1943, 1-05-1944, 1-05-1945, 1-05-1946, 1-05-1947, 1-05-1948, 1-05-1955, 1-05-1956, 1-05-1957, 1-05-1958, 1-05-1959, 1-05-1960, 1-05-1961, 1-05-1962, 1-05-1963, 1-05-1964, and 1-05-2012, Cons.,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 27, 2007, Decided
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Overview: An enforceable settlement agreement existed between alleged injured parties and a manufacturer, which said its counsel had no authority to enter into an agreement, because the manufacturer (1) did not initially deny the settlement's validity, (2) ratified the agreement, and (3) the agreement contained all the necessary elements of a valid contract.
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| Moy v. Ng, No. 1-05-1330,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, February 27, 2007, Filed
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Overview: Trial court did not err in denying attorney's summary judgment and judgment on the pleading motions, and in granting money judgment to building owners; while they were deemed to have made judicial admissions pursuant to Ill. Sup. Ct. R. 216, judicial estoppel doctrine meant the admissions were overborne by her disciplinary proceeding admissions.
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| People v. Ramirez, Nos. 2-05-0583 & 2-06-0247 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 27, 2007, Filed
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Overview: Petition for postconviction relief was properly denied where defendant failed to show counsel's representation fell below objective standard of reasonableness or that, even if it did, the substandard performance affected outcome of plea process; other evidence existed which would have led to conviction and therefore, led counsel to recommend plea.
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| Cretton v. Protestant Mem'l Med. Ctr., Inc., NO. 5-05-0474,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, February 28, 2007, Filed
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Overview: Trial court properly denied a hospitals' JNOV motion concerning a verdict in favor of the co-administrators of an estate in a survival action, because evidence was presented from which the jury could have determined that a fall suffered by the decedent while a patient at the hospital was the cause of physical pain and suffering prior to death.
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| People v. Brown, No. 1-04-1943,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, February 28, 2007, Decided , February 28, 2007, Opinion Filed
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Overview: Ineffective assistance of counsel claim failed where, inter alia, counsel attempted to call witness who allegedly would have impeached credibility of State's key witness but could not find witness. Actual innocence claim failed as affidavit used to assert ineffective assistance could not also be used to support free-standing actual innocence claim.
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| People v. Spears, No. 1-05-3600,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, February 28, 2007, Decided , February 28, 2007, Filed
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Overview: Denial of leave to file a second postconviction petition was upheld because the inmate failed to meet the cause-and-prejudice test. Imposition of 60-year sentence consecutive to a natural life sentence was erroneous because after natural life sentence was served, inmate's life would be over and thus, inmate could not also serve 60-year sentence.
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| Performance Elec., Inc. v. CIB Bank, No. 1-06-1145,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, February 28, 2007, Decided , February 28, 2007, Opinion Filed
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Overview: Trial court properly granted bank's motion to dismiss guarantors' amended complaint for breach of contract that they filed against the bank in connection with personal guaranties that they executed on behalf of the corporation; as guarantors, the guarantors had not suffered the required direct injury necessary to assert a claim against the bank.
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| Time Savers, Inc. v. LaSalle Bank, N.A., No. 2-06-0198,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 28, 2007, Filed
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Overview: Customer's complaint against a bank was properly dismissed because the customer failed to sufficiently plead facts that the bank acted with actual knowledge or in bad faith under 760 Ill. Comp. Stat. Ann. 65/5 and 65/9, committed common-law fraud, conspired to defraud, and aided and abetted regarding the actions of a shareholder in the customer.
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