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   State Courts - Illinois - June 25, 2007

  
Bd. of Educ. v. Ill. Educ. Labor Rels. Bd., NO. 4-06-0560, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 25, 2007, Filed
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Overview: Administrative board properly determined that an administrative assistant was included in a collective bargaining unit, as the evidence supported the finding that the assistant was not a confidential employee under 115 Ill. Comp. Stat. Ann. 5/2(n)(ii) (2004), as the assistant did not have unfettered access to confidential information.

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O'Casek v. Childrens Home & Aid Soc'y , NO. 4-06-0344, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 25, 2007, Filed
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Overview: Medical malpractice plaintiff was entitled to 90-day extension for filing 735 Ill. Comp. Stat. Ann. 5/2-622(a)(1) doctor's report even though she had voluntarily dismissed earlier case; statutory language to the contrary was removed by Best in 1998 and contrary to ruling in Cargill, was never reenacted so it did not apply to the 2004 refiling.

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Ottawa Sav. Bank v. JDI Loans, Inc., No. 2-06-0671, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 25, 2007, Filed
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Overview: Bank did not set forth a viable claim for inducement of breach of fiduciary duty against corporation and other defendants because there was no duty asserted on behalf of the corporation; by virtue of the bank's "participation agreement" with a "lead bank," the bank had no right of action against anyone other than the lead bank.

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People v. Cummings, No. 1-05-2058, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 25, 2007, Decided, June 25, 2007, Opinion Filed
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Overview: Trial court's summary dismissal of defendant's post-conviction petition challenging his sentence as a habitual offender of natural life imprisonment following his armed robbery conviction was proper; proportionate penalties clause, Ill. Const. art. I, § 11, was not violated, as he was sentenced as a habitual offender and not for armed robbery.

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People v. Jones, No. 1-05-0668, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 25, 2007, Decided, June 25, 2007, Opinion Filed
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Overview: Trial court did not err in denying defendant's motions to quash his arrest and suppress his confession, as the police officers who stopped defendant shortly after the murder and attempted murder at issue had a reasonable, articulable suspicion to justify a stop based on witness descriptions and had probable cause to make a warrantless arrest.

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People v. Strawder, No. 2-05-0880, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 25, 2007, Filed
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Overview: Defendant was entitled to reversal of trial court's denial of defendant's motion to withdraw his guilty plea and remand so that new motion could be filed and considered because defense counsel's Ill. Sup. Ct. R. 604(d) certificate was inadequate as it did not indicate that counsel had examined the trial court file.

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