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| Giangiulio v. Ingalls Mem. Hosp., No. 1-03-2179,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 14, 2006, Decided
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Overview: Federal Health Insurance Portability and Accountability Act, physician privilege at 735 Ill. Comp. Stat. Ann. 5/8-802, Mental Health and Developmental Disabilities Confidentiality Act, 740 Ill. Comp. Stat. Ann. 110/1 et seq., and Medical Studies Act, 735 Ill. Comp. Stat. Ann. 5/8-2101, 8-2102, did not bar hospital from answering interrogatories.
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| Hammond v. SBC Communs., Inc., No. 1-04-3157,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 14, 2006, Decided
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Overview: Trial court properly granted summary judgment to defendants as to personal injury and loss of consortium claims, as an easement limited defendants' rights to installation, operation, and maintenance of telephone lines and equipment, so defendants had no duty to clear or otherwise maintain trees on the easement for the safety of motorists.
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| Manning v. Dep't of Empl. Sec., No. 1-05-1737,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 14, 2006, Decided
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Overview: Since, while a hostile voice-mail message to a coworker might not have directly harmed the employer, it was potentially harmful to its interests as it could adversely affect the work environment, the former employee was not eligible for unemployment benefits under 820 Ill. Comp. Stat. 405/602(A).
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| People v. Janovic, No. 1-05-1706,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, April 14, 2006, Decided
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Overview: Where enhanced sentence was imposed against defendant on 2003 drunk driving offense based on earlier drunk driving offenses and where defendant's conditional discharge from earlier offense was revoked, defendant was not placed in double jeopardy under U.S. Const. amend. V and Ill. Const. art. I, § 10, as punishments applied to separate offenses.
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| People v. O'Connell, No. 1-04-2154,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 14, 2006, Decided , April 14, 2006, Opinion Filed
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Overview: Since 725 Ill Comp. Stat. 5/116-3 (2004) did not allow summary dismissal without notice to the prisoner who had no memory of the murder and pled guilty based solely on the strength of the evidence, and counsel might have been able to argue persuasively for construing the statute to permit DNA testing, the matter had to be remanded.
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| Kern v. DaimlerChrysler Corp., NO. 5-04-0591,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 17, 2006, Filed
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Overview: Trial court acted within its discretion in ruling on a motion for leave to amend a complaint prior to ruling on a 735 Ill. Comp. Stat. Ann. 5/2-104 motion for change of venue that was filed before the leave to amend motion in light of the fact that the amended complaint cured the pleading defect upon which the § 2-104 motion was based.
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| People v. I.J.W. (In re O.S.), No. 3-05-0796,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 17, 2006, Filed
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Overview: Termination of mother's parental rights was vacated as court-enforced restrictions on frequency, place, and nature of interaction robbed visitation of usual and meaningful attributes; child was not aware mother was his mother. Thus, mother was deprived of constitutional right to custody of child without due process prescribed by Juvenile Court Act.
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| Booten v. Argosy Gaming Co., NO. 5-04-0423,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 18, 2006, Opinion Filed
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Overview: Questions of fact existed on whether moored riverboat casino was a "vessel in navigation" for purposes of employees' eligibility to bring Jones Act, 46 U.S.C.S. § 688(a), claims; riverboat had the ability to navigate the river in a few minutes if an emergency arose; summary judgment was improperly granted to employer on employees' seaman status.
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| People v. Ursery, NO. 5-03-0744,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 18, 2006, Opinion Filed
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Overview: Gloves found in unsecured house six months after murder were admissible and relevant; State established a sufficient circumstantial connection between the gloves, defendant, and crime by introducing evidence defendant bragged to witness he wore gloves during shooting and evidence jacket found in bag with murder weapon contained clear plastic glove.
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