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| Oliva v. Amtech Reliable Elevator Co., No. 1-05-3295,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, May 31, 2006, Decided
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Overview: When a rider to a lease provided an option to extend the lease for three years and did not require that notice to accept the option be given by the tenant, the fact that the tenant held over and paid the increased rent specified in case of an extension was sufficient to extend the lease for three years.
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| Sims v. Allstate Ins. Co., NO. 5-04-0525,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, May 31, 2006, Decision Filed
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Overview: There was no ambiguity in the contractual terms of an insurer's automobile insurance policy with respect to coverage of vehicle property damage; the policy clearly did not allow insureds to recover for a diminution in value where it provided for payment of the cost to repair or replace the property with other of like kind and quality.
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| Zahl v. Krupa, No. 2-05-0919,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, May 31, 2006, Filed
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Overview: Court order dismissing investors' breach of contract and fraud claims against a corporation and its president was reversed, and the case was remanded as the investors' claims were not barred by the doctrine of unclean hands, and the investors sufficiently pleaded that the president had the apparent authority to make investments in a corporate fund.
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| McGinley v. Madigan, No. 1-04-3517,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 1, 2006, Decided , June 1, 2006, Opinion Filed
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Overview: Judgment was reversed, and the case was remanded for an accounting of the amount of refund due to an estate as the retroactive application of 1993 Ill. Laws 30 was not barred by Ill. Const. art. I, § 2. Further, the taxing scheme set out in 1994 Ill. Laws 419 did not violate federal notions of due process under U.S. Const. amends. V and XIV.
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| Nestle USA, Inc. v. Dunlap, No. 4-05-0900,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 1, 2006, Filed
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Overview: Where employer filed action in trial court seeking declaratory and injunctive relief from arbitrator's decision in workers' compensation case, court properly found that it lacked jurisdiction. Under 820 Ill. Comp. Stat. Ann. 305/19(b), Illinois Industrial Commission was entitled to review arbitrator's decision before judicial review occurred.
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| People v. Montiel, No. 2-04-1041,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 1, 2006, Filed
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Overview: Defendant's sentence was void to the extent that a fine was not imposed, and his case was remanded to the circuit court for the court to assess a fine because the court was required under 720 Ill. Comp. Stat. Ann. 570/411.2(a)(2) of the Illinois Controlled Substances Act to assess a fine for defendant's offense of unlawful delivery cocaine.
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