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| Benak v. Duffy, No. 3-05-0570,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 7, 2006, Decided , June 7, 2006, Filed
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Overview: Where the executor, who was coexecutor of the decedent's estate, was also a financial partner with the decedent, a conflict of interest existed. The conflict, however, did not require removal of the executor as coexecutor under 755 Ill. Comp. Stat. Ann. 5/23-2(a)(9), (10), as the decedent authorized the executor to occupy conflicting positions.
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| Midfirst Bank v. Abney, No. 2-05-0853,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 7, 2006, Filed
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Overview: A title insurance company, as subrogee, had a right to recover from owner who breached his warranty of title to a buyer; even if buyer knew of bank's priority lien, he had a right to rely on warranty. That subrogee had possible claim against its title agent did not lessen owner's liability; subrogee's subrogation rights against owner were absolute.
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| People v. Aguilar, No. 1-05-1236,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, June 7, 2006, Decided
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Overview: Evidence that defendant presented and used a false social security card and number in obtaining a loan, regardless of whether she meant to repay the loan, was sufficient to support her conviction on a charge of loan fraud under 720 Ill. Comp. Stat. Ann. 5/16H-30 ( 2004).
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| Walczak v. Onyx Acceptance Corp., No. 2-05-0979,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 7, 2006, Filed
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Overview: Trial court did not err in granting debtors' motion for class certification pursuant to Ill. Comp. Stat. Ann. 5/2-801 where they asserted creditor wrongfully accelerated balances owed under retail installment contracts; in particular, the debtors adequately alleged commonality, adequacy of representation, and appropriateness elements.
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| Rapid Settlements, Ltd. v. Symetra Life Ins. Co. (In re Foreman), No. 2-05-0689,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 8, 2006, Filed
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Overview: Trial court erred in approving transfer of structured settlement payment rights, as Structured Settlement Protection Act, 215 Ill. Comp. Stat. Ann. 153/1 et seq., did not permit trial court in present case to approve a petition to transfer payment rights to the settlement company since settlement agreement contained valid antiassignment clause.
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| Spyrka v. County of Cook, No. 1-05-1338,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 8, 2006, Decided
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Overview: A video animation showing how blood clot traveled from lower to upper body, causing death, was erroneously admitted as demonstrative evidence; it was not visual aid to help jury but was admitted to show that how plaintiff's wife died in instant case. Doctor's disclaimer was insufficient to overcome effect on jury and resulting prejudice to intern.
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| Graham v. Hyundai Motor Am., 1-03-0253 & 1-03-0254 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, June 9, 2006, Decided
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Overview: The appellate court answered a certified question by finding that a car manufacturer's informal dispute settlement procedure complied with the Federal Trade Commission rules at 16 C.F.R. § 703.1 et seq., which required car buyers to first resort to the procedure before commencing a civil action as required by 15 U.S.C.S. § 2310(a)(3)(C)(i).
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| In re Marriage of Samardzija, No. 3-04-0517,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, June 9, 2006, Filed
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Overview: Family home was marital property under 750 Ill. Comp. Stat. Ann. 5/503(a), (b)(1), (c)(1) even though it was held only in former husband's name, and trial court erred in ruling it was nonmarital property in a dissolution proceeding. Trial court also erred in placing 25-mile restriction on wife's ability to move children to new home.
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| People v. $111,900 United States Currency, No. 1-04-2624,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 12, 2006, Decided
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Overview: Trial court erred in ordering that money packed in suitcase that had been in a ceiling and which one claimant voluntarily surrendered to police should be released to the claimants; pursuant to 725 Ill. Comp. Stat. Ann. 150/7, the State proved that statutory presumption of forfeiture arose and, thus, claimants had burden to rebut that presumption.
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