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   State Courts - Illinois - March 8 - March 13, 2007

  
In re Marriage of Boehmer, No. 2-06-0796, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 8, 2007, Filed
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Overview: When the parties agreed that their child could move to Louisiana with the mother, but the father later contested the agreement, it was error for the trial court to rely solely on the agreement in allowing removal under 750 Ill. Comp. Stat. Ann. 5/609. Because the agreement was contested, the child's best interests should have been considered.

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Sears, Roebuck & Co. v. Charwil Assocs. L.P., No. 1-05-3511, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 8, 2007, Decided , March 8, 2007, Opinion Filed
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Overview: Trial court properly found that a landlord breached a lease agreement because the landlord breached its promise to provide liability insurance as required by the lease agreement as the landlord only obtained liability insurance which did not cover an automobile accident involving a customer of the tenant in the use of the mall's common area.

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Shaper v. Bryan, No. 1-05-3849, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 8, 2007, Decided , March 8, 2007, Opinion Filed
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Overview: Trial court properly dismissed an action by shareholders alleging that members of the board of directors of a bank and an officer of the bank breached fiduciary duties in relation to a merger, because the shareholders failed to allege sufficient facts to show that the officer was self-interested in relation to the merger.

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Taylor v. Indus. Comm'n (McLane Midwest), No. 4-06-0412WC, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 8, 2007, Filed
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Overview: Industrial commission finding that use of a replacement driver's earnings to determine an 820 Ill. Comp. Stat. Ann. 305/8(d)(1) wage differential was too speculative, was not against manifest weight of evidence; thus, use of workers' compensation claimant's earnings in the year prior to his injury to determine his wage differential was proper.

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Lakeshore Decaro v. M. Felix, Inc., No. 1-05-2460, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 9, 2007, Decided
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Overview: the Bank's mortgage lien was subrogated to the lien positions of those earlier mortgages and taxes and therefore is superior to Lakeshore's judgment lien.

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Alwin v. Vill. of Wheeling, No. 1-04-0154, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 12, 2007, Filed
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Overview: Judgment that municipalities and an airport commission were liable in a wrongful death and survival action was affirmed because the municipalities and the commission were barred by the law of the case doctrine from raising the immunity and duty issues that were previously decided and sufficient evidence supported the finding of proximate cause.

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People v. Doll, No. 2-05-0484, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 12, 2007, Filed
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Overview: Victim's testimony defendant grabbed her, "jumped" her up, and grabbed her pants and pulled them down to her ankles supported conviction for unlawful restraint of minor. Sex Offender Registration Act was not unconstitutional as applied to defendant, as those convicted of unlawful restraint of children had greater propensity to harm child.

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People v. Kennedy, NO. 4-05-0913, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 13, 2007, Filed
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Overview: Defendant was properly charged with a class 4 felony pursuant to 625 Ill. Comp. Stat. 5/6-303(d-3) because his license was suspended due to a statutory summary suspension, and, before receiving the statutory summary suspension, defendant had been convicted on eight occasions of driving while his license was suspended or revoked.

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People v. Smith, NO. 4-06-0274, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 13, 2007, Filed
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Overview: Trial court's characterization of defendant's "motion to correct sentence" as frivolous pursuant to 730 Ill. Comp. Stat. 5/3-6-3(d) was correct because the motion was properly treated as a petition under the Postconviction Act. The "motion to correct sentence" was not a cognizable action, and thus the Shellstrom procedures did not apply.

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