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| Brant v. Rosen, NO. 5-04-0516,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, April 27, 2007, Decision Filed
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Overview: Trial court did not err in denying attorney and law firm's motion to dismiss the claimant's complaint for professional negligence and fraud, as the attorney and law firm failed to meet their burden of showing that a balancing of the relevant private-interest and public-interest factors strongly-favored a transfer of the case from the chosen forum.
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| Neal v. Oak Brook Mgmt. Corp., No. 2-06-0549,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 27, 2007, Filed
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Overview: Trial court erred in granting alleged debtor's motion to dismiss because debt at issue was discharged in bankruptcy; their not filing complaint to determine dischargeability did not render debt dischargeable, as exception applied because they lacked notice of bankruptcy and amendment of schedules did not mean new time limit was set to file it.
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| People v. C.L. (In re S.B.), No. 3-06-0495,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, April 27, 2007, Filed
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Overview: Aunt, who had been a neglected child's former guardian, was properly dismissed from juvenile proceedings regarding the child, however, as a former guardian, 705 Ill. Comp. Stat. Ann. 405/1-5(2)(a), gave aunt the right to be heard in the proceedings; order changing permanency goal was a non-final order that was not subject to appellate review.
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| Willis v. Khatkhate, Nos. 1-05-3034 and 1-06-0726,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, April 27, 2007, Decided , April 27, 2007, Opinion Filed
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Overview: Trial court erred in granting summary judgment to first doctor and second doctor regarding representative's medical malpractice action against them; genuine issues existed about whether statute of repose, 735 Ill. Comp. Stat. Ann. 5/13-212, applied since questions existed about whether their treatment was continuous and whether it was negligent.
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| People v. Minniti, No. 2-05-0028,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, April 30, 2007, Filed
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Overview: Appellate court had jurisdiction over defendant's appeal, as the doctrine of revestment applied where State actively participated in his motion to reconsider sentence filed more than 30 days after final judgments of conviction were entered, and convictions were affirmed because he voluntarily confessed to killing even in spite of police trickery.
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| Jones v. Dep't of Pub. Aid, Nos. 3-05-0550, 3-05-0906 (consol.),
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, May 1, 2007, Filed
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Overview: Trial court did not err in ruling preliminarily that Department of Healthcare and Family Services continue to allow recipient, who suffered spinal cord injury and was on ventilator 24 hours a day, in-home care at cost provided before he turned 21 years of age as, inter alia, evidence supported a finding appropriate reference point was a hospital.
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| People v. Resnick, No. 2-06-0580,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 2, 2007, Filed
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Overview: Trial court did not abuse its discretion in applying defendant's remaining bond to restitution order instead of returning it to surety; surety had received notice that the bond could be so used, and the trial court had authority to so use the bond under 730 Ill. Comp. Stat. Ann. 5/5-5-6(e) and 725 Ill. Comp. Stat. Ann. 5/110-7(a), (f).
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| Shank v. Fields, NO. 4-06-0340,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 2, 2007, Filed
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Overview: Summary judgment in favor of an asphalt company in a car passenger's personal injury case was proper because, while the company failed to open traffic lanes by the time specified in its contract, the company had no duty to prevent the independent intervening negligent act of truck driver who drove into a line of cars slowed due to a lane closure.
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| State Dep't Cent. Mgmt. v. State Labor Relations Bd., NO. 4-06-0083,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 2, 2007, Filed
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Overview: State labor relations board correctly found that security employees had a right to access midterm interest-arbitration procedures to resolve an impasse in negotiations regarding impact of closure of several correctional facilities, as that right was conferred by statute and necessary to counter the security employees' lack of the right to strike.
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| White v. Garlock Sealing Techs., LLC, NO. 4-06-0688,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 2, 2007, Filed
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Overview: Trial court properly determined that the product manufacturer violated Ill. Sup. Ct. R. 213(i) by not disclosing that the opinion of its expert witness had changed about the cause of the death of the decedent, as that change made supplementation of the interrogatory regarding the testimony of the witness mandatory to prevent a trial by ambush.
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