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| Career Concepts, Inc. v. Synergy, Inc., No. 1-06-0993,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 28, 2007, Decided , March 28, 2007, Opinion Filed
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Overview: Objection to timely and adequate disclosure of witnesses in accordance with Ill. Sup. Ct. R. 213 was waived, despite the filing of a motion in limine, when defense counsel failed to object to the witnesses' testimony when offered at trial. Award of attorney fees over and above the amount agreed to in the contingency fee agreement was improper.
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| Cincinnati Ins. Co. v. Gateway Constr. Co., No. 1-06-2216,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 28, 2007, Decided , March 28, 2007, Filed
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Overview: Certain parties were not covered as additional insureds under subcontractor's excess liability policy because that policy only covered additional insureds covered by comprehensive general liability (CGL) policy. There was no coverage under CGL policy because there was no promise in writing at time of accident to grant additional insured coverage.
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| Ill. Landscape Contrs. Ass'n v. Dep't of Labor, No. 2-06-0394,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 28, 2007, Filed
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Overview: Administrative law judge's decision upholding state labor department's classification of landscape workers as laborers under the Prevailing Wage Act, 820 Ill. Comp. Stat. Ann. 130/1 et seq., was not error, as the evidence in the record showed that landscape workers performed work that was similar to work performed by laborers.
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| Stone v. Russell (In re Estate of Russell), No. 2-06-0536,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 28, 2007, Filed
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Overview: Appellate court lacked jurisdiction to hear an appeal by the decedent's son and dismissed it because the order by the lower court appointing a trustee, despite a qualification, was immediately appealable under Ill. Sup. Ct. R. 304(b)(1), and the son neither filed a proper postjudgment motion nor appealed within 30 days of the entry of the order.
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| First Merit Realty Servs. v. Amberly Square Apts., L.P., 1-05-3556,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 29, 2007, Decided , March 29, 2007, Opinion Filed
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Overview: Arbitration award was vacated pursuant to 710 Ill. Comp. Stat. Ann. 5/12(a) of the Illinois Uniform Arbitration Act because, by ignoring the clear language of the written agreements between the parties and relying on an alleged oral agreement, the arbitrators exceeded their authority in making their damages award.
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| Legion Indem. Corp. v. Legion Indem. Co., No. 1-05-4069,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Trial court properly granted summary judgment upon finding that there was an identity of a cause of action between ruling in Pennsylvania case and foreign insurance companies' declaratory relief complaint, and that interests of other insurance companies were aligned, and, thus, in concluding that doctrine of res judicata applied in current action.
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| People v. Lucas, No. 3-05-0757,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 29, 2007, Filed
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Overview: Conviction for driving while license was revoked (DWLR) could be predicate offense for armed violence as such use deterred individuals from carrying weapon while committing driving while license was revoked. Thirty-year sentence for DWLR, unlawful possession of a weapon by a felon, and armed violence did not violate proportionate penalties clause.
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| Robinson v. Ryan, No. 1-06-1813,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Trial court erred in denying an insurance company's petition pursuant to 735 Ill. Comp. Stat. Ann. 5/2-1401 (2002) for relief from a judgment entered in favor of plaintiff in a legal malpractice action, as the company established that it did not consent to a settlement agreement with plaintiff, and the company acted diligently in seeking relief.
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| Sanchez v. Am. Express Travel Related Servs. Co., 1-06-0878,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 29, 2007, Decided , March 29, 2007, Filed
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Overview: Trial court properly granted summary judgment to a corporation on plaintiff's action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. Ann. 505/1 et seq. (2004), as plaintiff failed to show that the corporation made any misrepresentation as to the fee it charged to exchange foreign currency for dollars.
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