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| Brdar v. Cottrell, Inc., NO. 5-04-0415,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, March 27, 2007, Filed
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Overview: Trial court properly denied motions to exclude an expert's testimony on grounds of late and/or inadequate disclosure, pursuant to Ill. Sup. Ct. R. 213. A manufacturer never sought an order to compel a more detailed disclosure, waiting instead until after the original trial setting had been continued to seek to exclude the expert's testimony.
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| Chapman v. Engel, No. 1-06-0791,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 27, 2007, Decided , March 27, 2007, Opinion Filed
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Overview: Appellate court did not have to consider whether the buyers in a real estate transaction were the prevailing party under the fee-shifting provision of the parties contract because the trial court determined that neither party defaulted under the contract, a necessary condition for the attorney fee-shifting provision in the contract to apply.
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| Hedlund & Hanley, LLC v. Bd. of Trs., No. 1-06-1200,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 27, 2007, Decided , March 27, 2007, Opinion Filed
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Overview: Fee agreement letter became a binding contract between the parties, where plaintiffs represented defendant city colleges and billed them according to the fee schedule set forth in the letter, and city colleges paid the invoices presented by plaintiffs according to the fee schedule set forth in the letter for almost four years.
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| Martinez v. Gutmann Leather, LLC, No. 1-06-2346,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 27, 2007, Decided , March 27, 2007, Opinion Filed
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Overview: Court erred by granting an employer's motion to dismiss a special administrator's claim under the Illinois Wrongful Death Act, 740 Ill. Comp. Stat. Ann. 180/1 et seq., as it could not be said that the special administrator's claim was barred by the exclusivity provision of the Illinois Workers' Compensation Act, 820 Ill. Comp. Stat. Ann. 305/5(a).
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| Oggi Trattoria & Caffe, Ltd. v. Isuzu Motors Am., Inc., No. 1-05-1951,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 27, 2007, Decided , March 27, 2007, Opinion Filed
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Overview: In a suit against an auto manufacturer under the Magnusson-Moss Warranty-Federal Trade Commission Improvement Act, 15 U.S.C.S. § 2301 et seq., for breach of an express limited warranty, there was no evidence that vehicle repairs were necessary due to defects in the material or workmanship. Summary judgment in favor of the manufacturer was proper.
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| People v. Marvin W. (In re R.W.), No. 3-06-0282,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 27, 2007, Filed
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Overview: Written order stating father seeking custody of his neglected children was "fit but reserved" was not finding supported by 705 Ill. Comp. Stat. Ann. 405/2-23(1)(a), 2-27(1)(d); thus, written judgment was void, and court's oral pronouncement that a finding on father's fitness was reserved, was controlling.
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| Royal Indem. Co. v. Chi. Hosp. Risk Pooling Program, No. 1-06-2357,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 27, 2007, Decided , March 27, 2007, Opinion Filed
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Overview: In a dispute between insurers alleging improper failure to settle claim, order compelling arbitration based finding that policy's "following form" language incorporated trust's arbitration clause was error because "following form" language at issue referred solely to coverage and risks which insurance carrier agreed to insure and nothing more.
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| Tax Objectors v. Pearl City Sch. Dist. No. 200 (In re Objections to Tax Levies), Nos. 2-06-0250 & 2-06-0258 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 27, 2007, Filed
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Overview: Appellate court found that some expenditures made by taxing districts pursuant to tax levies authorized under 745 Ill. Comp. Stat. Ann. 10/9-107(b) were permissible risk management responsibilities, especially where those responsibilities identified and implemented techniques to reduce liability exposure and were not merely ordinary job duties.
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| Westin Hotel v. Indus. Comm'n, No. 1-06-1728WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, March 27, 2007, Filed
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Overview: In a Workers' Compensation Act (820 Ill. Comp. Stat. Ann. 305/1 et seq.) claim, the claimant's medical history and the testimony at an arbitration hearing supported a finding of a causal connection between the claimant's knee injury and an accident. A doctor corroborated a finding that the claimant had a tear of the medial meniscus of the knee.
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