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| Ivory v. Specialized Assistance Servs., No. 1-05-0564,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 7, 2006, Decided
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Overview: 735 Ill. Comp. Stat. Ann. 5/2-615 dismissal of former employee's breach of contract action, which was based on an employee manual, was affirmed. The introduction included a carefully worded and effective disclaimer that specifically indicated that it was not to serve as forming an express or implied employment contract.
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| Lazar Bros. Trucking, Inc. v. A&B Excavating, Inc., No. 1-05-0384,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 7, 2006, Decided
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Overview: Lien waivers, provided to construction project owner before subcontractor filed its notice of mechanics lien, gave the owner a prima facie defense under the Illinois Mechanics Lien Act to the subcontractor's mechanics lien foreclosure action; subcontractor failed to raise material fact question as to whether owner reasonably relied on the waivers.
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| People v. Diana M. (In re Diana M.), NO. 5-05-0164,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 7, 2006, Filed
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Overview: Ruling that involuntarily admitted respondent to mental health hospitalization was reversed. The State failed to show by clear and convincing evidence that respondent met the requirements of 405 Ill. Comp. Stat. Ann. 5/1-119, 1-129 as her head injury dementia and substance abuse could not support finding she suffered from a "mental illness."
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| Strino v. Premier Healthcare, P.C., No. 1-04-3217,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 7, 2006, Decided , April 7, 2006, Opinion Filed
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Overview: Wife's admission she said nothing when husband requested that obstetrician not use forceps during delivery raised question of fact for jury's resolution on whether husband was wife's agent; jury verdict for an obstetrician on negligence was proper where obstetrician argued use of forceps gave the son his best chance of survival.
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| Webb v. White, NO. 4-05-0237,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, April 7, 2006, Filed
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Overview: When a driver's license was suspended for 12 months under 625 Ill. Comp. Stat. Ann. 5/6-206(a)(38) (2002) because the licensee violated a statute against underage possession of alcohol, the Secretary of State erred in not modifying the suspension. The licensee had been treated more harshly than she would have been had she been drinking and driving.
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| Cont'l Res. of Ill., Inc. v. Ill. Methane, LLC, NO. 5-03-0784,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 10, 2006, Filed
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Overview: Oil and gas lease holder's complaint against coal bed methane gas producers was properly dismissed for failure to state a cause of action. Lease holder had no right to the gas as it was controlled by the coal estate and none of the lease holder's rights were violated by defendants' production of the gas from wells outside leasehold acreage.
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| People v. Lambert, No. 2-03-0808,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 10, 2006, Filed
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Overview: Defendant's right to be present was violated when trial court ruled on his pro se motion to reconsider a first degree murder sentence without defendant being present, but State showed that the error was harmless. Failure to properly admonish under Ill. Sup. Ct. R. 605(a) was also harmless error as defendant presented a complete posttrial motion.
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| People v. Thompson, Docket No. 97373.,
SUPREME COURT OF ILLINOIS, April 10, 2006, Opinion Filed
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Overview: Defendant did not commit murder while under the influence of extreme mental or emotional disturbance, pursuant to the 720 Ill. Comp. Stat. Ann. 5/9-1(c)(2), as a psychiatrist testified that defendant did not suffer from any delusional disorder. His conduct was the culmination of an escalating pattern of violence. The death sentence was appropriate.
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