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   State Courts - Illinois - March 31, 2006

  
Ahmad v. Bd. of Educ., No. 1-04-3695, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 31, 2006, Decided , March 31, 2006, Opinion Filed
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Overview: When a tenured teacher obtained school supplies for her private business by misrepresenting that supplies were being obtained for the public school where she was employed, her conduct was immoral and irremediable per se, under 105 Ill. Comp. Stat. Ann. 5/34-85 (2000), so the termination of her employment without progressive discipline was proper.

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Brown v. Jaimovich, No. 1-05-0146, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 31, 2006, Decided
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Overview: A trial court had discretion to extend the six-month statutory window for conversion set forth in 735 Ill. Comp. Stat. Ann. 5/2-402 (2004) after the Robinson decision and to subsequently order conversion of respondents-in-discovery to defendants after the initial six-month statutory window had expired, based on an interpretation of that precedent.

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Dowling v. Chicago Options Assocs., No. 1-05-1426, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 31, 2006, Decided , March 31, 2006, Opinion Filed
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Overview: A trial court had the authority under 735 Ill. Comp. Stat. Ann. 5/2-1402(c)(3) (2002) to enter a turnover order in favor of a judgment creditor and against a law firm that held funds from a judgment debtor representing a retainer for services to be rendered by the firm, as the funds that were unearned belonged to the debtor.

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Estate of Lis v. Kwiatt & Rueben, LTD, No. 1-04-1934, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 31, 2006, Opinion Filed
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Overview: Heirs of a decedent failed in their claims alleging breach of fiduciary duties by an independent administrator for a decedent's estate and the estate attorneys, as the attorneys owed no duty to the heirs, who were non-clients; a profit-sharing plan was not part of the estate, such that the administrator could not have a fiduciary duty regarding it.

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Great West Cas. Co. v. Cote, No. 1-05-3122, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 31, 2006, Opinion Filed
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Overview: A trial court erred by dismissing and insurer's declaratory judgment suit as untimely since 735 Ill. Comp. Stat. 5/2-1205.1 did not apply in as much as the insurer never denied coverage and was only seeking affirmance that deductions for prior amounts paid from its maximum liability amount were proper.

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Mabie v. Vill. of Schaumburg, No. 1-05-2457, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 31, 2006, Decided , March 31, 2006, Opinion Filed
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Overview: Finding under 820 Ill. Comp. Stat. Ann. 305/2 that fireman's station house injury arose in the course of his employment, collaterally estopped Village from relitigating the issue of whether injury arose in "line of duty" for benefits under Illinois Public Employment Disability Act. No meaningful difference existed between the two benefit standards.

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Mydlach v. DaimlerChrysler Corp., No. 1-03-1402, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 31, 2006, Decided
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Overview: Summary judgment grant to manufacturer on car buyer's breach of warranty claim regarding used car bought from dealer and made by manufacturer was error; 810 Ill. Comp. Stat. Ann. 5/2-725's four-year limitations period did not bar it, as repairs were sought while written warranty existed and she sued within four years of alleged failure to repair.

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People v. McNeal, No. 1-04-2047, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 31, 2006, Decided
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Overview: Defendant's due process rights were violated by an order to pay a fee toward the Spinal Cord Injury Paralysis Cure Research Trust Fund pursuant to § 5-9-1.1 of the Unified Code of Corrections, 730 Ill. Comp. Stat. Ann. 5/5-9-1.1(a)(c); the relationship between his crime of possession of a controlled substance and the Fund was too attenuated.

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People v. Moore, No. 1-05-0948, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 31, 2006, Filed
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Overview: Evidence co-defendant directed buyers to defendant to pay for drugs provided sufficient evidence defendant had constructive possession of cocaine. Claim Sixth Amendment right to confrontation was violated failed where defendant did not object to stipulation regarding chain of custody and chemical composition of recovered substance.

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People v. Phillip C. (In re Phillip C.), 1-04-1109, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 31, 2006, Decided
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Overview: 730 Ill. Comp. Stat. 150/2(B)(1.5) of Illinois Sex Offender Registration Act was constitutional as applied. Though there was no evidence defendant had sexual motive for kidnapping, legislature could rationally conclude that kidnappers of children posed such threat to sexually assault children as to warrant their inclusion in sex offender registry.

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