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| People v. Lorillard Tobacco Co., No. 1-06-2326,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 30, 2007, Decided
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Overview: By the plain language of a master settlement agreement between several tobacco companies and 46 states, the application of any adjustment, including a nonparticipating manufacturer adjustment, constituted a dispute that arose out of or related to an independent auditor's determinations or calculations and was, therefore, subject to arbitration.
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| People v. Smith, No. 1-04-2656,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 30, 2007, Decided
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Overview: Search warrant based on confidential informant's statements was upheld despite fact court did not question informant because informant's very presence before the magistrate when warrant was issued supported his or her reliability. Defendant was entitled to a credit against controlled substance assessment for time spent in custody before sentencing.
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| People v. Westmorland, No. 2-05-1093,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 30, 2007, Filed
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Overview: Suppression of defendant's confession was upheld where, inter alia, defendant became scared while in custody, lacked experience with criminal justice system, was not mature 17-year-old, and had two requests to speak to mother denied. Application of "concerned adult" factor was proper despite fact defendant was not subject to Juvenile Court Act..
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| Ramirez v. Andrade, No. 1-07-0378,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Election board relied on the credible testimony of the candidate to establish the fact that she was present when the contested signatures were obtained; the fact that the circulator who signed the affidavit on the petition sheets was not in the doorway was not conclusive on the issue of "presence" for purposes of 10 Ill. Comp. Stat. 5/10-4 (2004).
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| Rosen v. Ingersoll-Rand Co., No. 1-05-3587,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 30, 2007, Decided
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Overview: Denial of non-named class members' petition to intervene was affirmed because the trial court did not err in ruling that the supposed objectors effectively waived that status, nor in denying their petition under 735 Ill. Comp. Stat. Ann. 5/2-408. Thus, the non-named members were not proper parties to challenge a settlement agreement in an appeal.
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| Sweilem v. Ill. Dep't of Revenue, No. 1-05-0157,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Taxpayers did not waive their rights to contest notices of penalty liability (NPL), as the state revenue department violated the Retailers' Occupation Tax Act, Ill. Rev. Stat. ch. 120, para. 440 et seq. (Act), by not mailing NPL's to the taxpayers' attorneys after having made an initial contact with the taxpayers within the meaning of the Act.
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| Townsend v. Fassbinder, No. 2-06-0226,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 30, 2007, Filed
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Overview: Trial court did not err in denying general contractor owner and general contractor's motion for a directed verdict or judgment n.o.v.; factual question existed about whether, on date of accident, the claimant was an employee of the general contractor or a party who had settled, and the jury resolved that question against the general contractor.
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| Universal Underwriters Ins. Co. v. Judge & James, Ltd., No. 1-05-4138,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: An order entered in a declaratory judgment action brought under 735 Ill. Comp. Stat. Ann. 5/2-701 was final and appealable. It granted all of the relief sought and left no issues remaining; the fact that the parties could have filed motions concerning arbitration and other issues did not make it not final or appealable.
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| Weiss v. Rush N. Shore Med. Ctr., 1-05-4126,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Second doctor was entitled to summary judgment in a medical malpractice action alleging claims under 740 Ill. Comp. Stat. Ann. 180/0.01 et seq. and 755 Ill. Comp. Stat. Ann. 5/27-6 because he did not have a physician-patient relationship with the decedent; the first doctor only arranged for follow-up care with the second doctor.
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