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   State Courts - Illinois - March 23 - March 26, 2007

  
Laisner v. Beckhart (In re Estate of Beckhart), No. 3-06-0269, APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 23, 2007, Filed
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Overview: Judgment was reversed, and the cause was remanded because the decedent's child was entitled to insurance proceeds as the proper beneficiary of a policy, not the estate, and the administrator was without authority to use the proceeds for estate expenses. The circuit court also erred when it found that laches barred a motion for a constructive trust.

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People v. Hannah E. (In re Hannah E.), No. 1-06-0139, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 23, 2007, Decided , March 23, 2007, Opinion Filed
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Overview: Petition for involuntary commitment was properly granted because the treating psychiatrist's telephone interview met the requirement that he personally examined the involuntary committee under 405 Ill. Comp. Stat. Ann. 5/3-602, and a person who supported the petition was not involved in litigation under 405 Ill. Comp. Stat. Ann. 5/3-601(b)(3).

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People v. Kathy K. (In re Stephen K.), Nos. 1-06-2135 & 1-06-2061 cons., APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 23, 2007, Decided , March 23, 2007, Opinion Filed
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Overview: Finding child with cystic fibrosis was medically neglected was supported by testimony that, inter alia, hospital staff educated respondents about disease, and parents consistently missed medical appointments, failed to comply with treatment suggestions, and neglected to utilize programs that would have provided them with nutritional supplements.

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Spencer v. Ryland Group, Inc., No. 1-05-1332, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 23, 2007, Decided , March 23, 2007, Opinion Filed
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Overview: Where an arbitrator ordered a town home seller to return a purchaser's earnest money, pay interest, and pay arbitration costs, the arbitrator acted outside his authority under the Uniform Arbitration Act because his failure to award attorney fees was inconsistent with the parties' agreement to award both costs and fees to the prevailing party.

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Phillips v. Bally Total Fitness Holding Corp., No. 1-05-3987, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 26, 2007, Decided , March 26, 2007, Opinion Filed
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Overview: Out-of-state plaintiffs lacked standing to lead Illinois Consumer Fraud and Deceptive Business Practices Act and Physical Fitness Services Act class action as most circumstances regarding their claims against fitness companies took place outside Illinois; a claim that deceptive policies came out of Illinois did not create sufficient nexus to state.

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