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| City of Chicago v. Comcast Cable Holdings, LLC, No. 1-05-3566,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, May 17, 2007, Decided
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Overview: Trial court erred in granting the cable service providers' motion to dismiss the city's action to recover a cable franchise fee from the cable service providers; the franchise agreements between the city and the cable service providers for payment of franchise fees on cable modem service revenues were valid and were not preempted by federal law.
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| Longstreet v. Cottrell, Inc., NO. 5-06-0316,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 17, 2007, Filed
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Overview: Given the express prohibition of the use of a deceased party's discovery deposition in Ill. Sup. Ct. R. 212(a)(5), appellate court was unable to interpret Ill. Sup. Ct. R. 212(a)(3) to permit the use a discovery deposition as former testimony.
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| Poindexter v. People, NO. 4-05-0709,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, May 17, 2007, Modified
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Overview: Trial court erred in finding Medical Catastrophic Coverage Act of 1988, 42 U.S.C.S. § 1396r-5, preempted spousal support provisions of the Illinois Public Aid Code, 305 Ill. Comp. Stat. Ann. 5/10-1 et seq.; United States Congress neither explicitly nor impliedly preempted Illinois law and Illinois law did not frustrate execution of federal law.
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| Tedrick v. Cmty. Res. Ctr., Inc., NO. 5-06-0065,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 17, 2007, Opinion Filed
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Overview: Trial court erred in dismissing wrongful death action against health care providers because complaint sufficiently alleged that providers had a duty to warn wife who was later strangled by husband/patient under voluntary undertaking and transferred negligence theories of liability.
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| Ill. Hotel & Lodging Ass'n v. Ludwig, No. 1-06-2228,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 18, 2007, Decided
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Overview: 820 Ill. Comp. Stat. Ann. 140/3.1, requiring Cook County hotels to provide room attendants with breaks, did not violate Ill. Const. art. IV, § 13 or equal protection. The legislature could have rationally concluded that § 3.1 would protect attendants in the jurisdiction where most worked and which was best positioned to absorb the resulting cost.
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| People v. Adams, No. 1-05-1925,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 18, 2007, Decided
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Overview: Inmate's argument that his postconviction petition was improperly dismissed as a successive petition because a prior petition had been improperly re-characterized as a postconviction petition as inmate was not given notice, failed; re-characterization of 2001 petition was not affected by supreme court decisions in 2005 that required the notice.
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| People v. Starnes, No. 1-04-2704,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, May 18, 2007, Decided
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Overview: Defendant's conviction for first-degree murder was affirmed. The sentence was an appropriate exercise of discretion, and the 50-year term was not excessive, 730 Ill. Comp. Stat. Ann. 5/5-8-1(a)(1)(a). The trial court was informed of her youth, her difficult background, her lack of a criminal history, and her potential for rehabilitation.
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| Williams v. Bailey (In re Estate of Wilson), No. 1-06-2115,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 18, 2007, Decided, May 18, 2007, Opinion Filed
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Overview: Circuit court's subject matter jurisdiction was determined by Ill. Const. art. VI, § 9 and extended to all justiciable matters; circuit court was not required to meet requirements of 755 Ill. Comp. Stat. Ann. 45/2-10 or 755 Ill. Comp. Stat. Ann. 5/11a-18(e) to have jurisdiction to temporarily suspend power of an agent under powers of attorney.
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| Wilson v. Brant, No. 1-06-1702,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, May 18, 2007, Decided, May 18, 2007, Opinion Filed
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Overview: Plaintiff's personal injury complaint, filed under 735 Ill. Comp. Stat. Ann. 5/13-217 after voluntary dismissal of original complaint, was untimely where complaint was mailed to clerk of the court on the last day of the one-year "savings" period but was not stamped "filed" until 13 days later; mailbox rule did not apply to commencement of actions.
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