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   State Courts - Illinois - April 11 - April 12, 2007

  
Boeckenhauer v. Joe Rizza Lincoln Mercury, No. 2-06-0604, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2007, Filed
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Overview: As used car buyers' claims that an apparent agency relationship existed between auto manufacturer and dealership where they bought a used car that had a wheel fall off did not amount to a bad faith argument, manufacturer was not entitled to attorney fees under 815 Ill. Comp. Stat. Ann. 505/10a(c), even though it prevailed at trial.

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In re Marriage of Matchen, No. 2-06-0749, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2007, Filed
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Overview: In light of the Illinois Marriage and Dissolution of Marriage Act (750 Ill. Comp. Stat. Ann. 5/609(a)), the trial court's denial of a mother's petition for removal was not against the manifest weight of the evidence. A move to Wisconsin would not provide any meaningful enhancement in circumstances for the children in terms of schools.

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Somers v. Quinn, No. 2-05-0619, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 11, 2007, Filed
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Overview: Although possession of a medical license was not necessary for expert to testify, trial court did not abuse discretion in excluding testimony based on the totality of the circumstances, including the lack of license. Denial of continuance was not abuse of discretion, as patient had notice expert was not licensed and failed to secure another expert.

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Elec. Energy, Inc. v. Hamer, NO. 5-05-0467, APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 12, 2007, Filed
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Overview: Taxpayer, corporation engaged in wholesale production of electricity, was not entitled to refund of portion of use tax for the percentage of coal used to produce type C fly ash, sold to produce cement, because the taxpayer was not a manufacturer, but a service business, and did not qualify for exemption under 35 Ill. Comp. Stat. Ann. 105/2 (2004).

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Kelley v. Sheriff's Merit Comm'n, No. 2-06-0624, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 12, 2007, Filed
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Overview: Trial court erred in affirming the county sheriff's merit commission's decision that suspended corrections officer for refusing to submit to a polygraph examination; while she was not protected by 50 Ill. Comp. Stat. Ann. 725/3.11, which applied only to peace officers, she was protected by Kaske decision, which deemed such exams too unreliable.

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