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| Behrens v. Harrah's Ill. Corp., No. 3-05-0280,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 14, 2006, Opinion Filed
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Overview: Because, after considering the four factors which determined whether a duty existed, the court found that no duty existed requiring the employer to assure that an employee could drive home safely after working overtime, the injured employee's negligence action against the employer was properly dismissed.
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| Country Mut. Ins. Co. v. Carr, NO. 4-05-0796,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, July 14, 2006, Filed
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Overview: Trial court erred in dismissing the insured's two negligence counts in his amended third-party complaint, which were based on a statutory duty, as insurance agent owed a duty of care in procuring insurance for insured pursuant to 735 Ill. Comp. Stat. Ann. 5/2-2201(a), that duty was extracontractual, and Moorman doctrine did not bar those claims.
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| Lombard Historical Comm'n v. Lombard, No. 2-05-1180,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 14, 2006, Filed
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Overview: While theatre support group and others had standing as taxpayers to bring mandamus action in an attempt to save theatre that had been designated as a historically significant site, they failed to show clear right to relief; Lombard, Ill., Village Code § 32.079 applied to "landmarks," not to historically significant sites.
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| People v. King, NO. 4-05-0401,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, July 14, 2006, Filed
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Overview: Dismissal of defendant's criminal charges was reversed, and the case was remanded as the Illinois intrastate detainers statute, 730 Ill. Comp. Stat. Ann. 5/3-8-10, was the applicable speedy-trial provision. Further, as defendant's oral trial demand did not comply with 725 Ill. Comp. Stat. Ann. 5/103-5(b), no speedy-trial violation occurred.
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| Rensing v. Merck & Co., NO. 5-05-0326,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 14, 2006, Opinion Filed
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Overview: Trial court's denial of an out-of-state corporation's motion to transfer from one county to another county for improper venue under 735 Ill. Comp. Stat. Ann. 5/2-106 was reversed because the residence and transaction prongs of 735 Ill. Comp. Stat. Ann. 5/2-101, the venue statute, were not met.
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| Trogub v. Robinson, 1-05-3284,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 17, 2006, Decided , July 17, 2006, Opinion Filed
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Overview: Trial court did not err in entering a judgment finding insurer was entitled to subrogate a certain amount pursuant to its insurance policy with the claimants, as insurance policy was not equivocal, uncertain, or ambiguous about the insurer's subrogation rights and allowed, but did not require, the insurer to file a subrogation action to recover.
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| MidAmerican Energy Corp. v. Ill. Commerce Comm'n, No. 3-04-0944,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 19, 2006, Filed
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Overview: Because the Illinois Commerce Commission's action was in fact a proper declaratory ruling, its rulings were not appealable pursuant to 83 Ill. Admin. Code § 200.220(I), as amended by 20 Ill. Reg. 10607 (1996) or under 5 Ill. Comp. Stat. 100/5-150(a). Therefore dismissal of the energy corporation's appeal was required.
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| People v. Mulvey, No. 2-04-1221,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 19, 2006, Filed
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Overview: Where the victim was 18 years old when defendant allegedly committed domestic battery under 720 Ill. Comp. Stat. Ann. 5/12-3.2(a) against him, defendant was not entitled to a common-law defense of justifiable use of force in the reasonable parental discipline of a child instruction. That defense only applied to victims under the age of 18.
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| People v. Workman, NO. 5-02-0342,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 19, 2006, Filed
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Overview: Right to speedy trial was not violated where trial occurred two years after arrest as delay that occurred after defendant's first attorney withdrew due to conflict of interest was attributable to defendant and 60-day continuance granted to State to complete DNA testing was proper as failure to obtain results faster was not due to lack of diligence.
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| Phoenix Bond & Indem. Co. v. Mattingly (In re County Collector), No. 1-05-2115,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, July 19, 2006, Decided
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Overview: Trial court properly denied bond company's petition for tax deed reinstatement; legislature did not intend 35 Ill. Comp. Stat. Ann. 200/22-80 to apply to present case because order issuing tax deed violated bankruptcy automatic stay, property owner timely deposited redemption funds, and tax deed order violated 35 Ill. Comp. Stat. Ann. 200/22-40.
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