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| Apa v. Nat'l Bank of Commerce, No. 1-05-2269,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 29, 2007, Decided, June 29, 2007, Filed
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Overview: In a bus owner's action for conversion, a bank that had seized the bus under its lien was entitled to a new trial because admission under Ill. Sup. Ct. R. 236 of the owner's bank statements to show the loss of profits due to the unlawful seizure was a reversible error when the owner failed to establish a foundation of the statements' creation.
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| BlueStar Energy Servs. v. Ill. Commerce Comm'n, No. 1-06-1277,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Settlement agreement entered into by a utility company was properly withheld by the Illinois Commerce Commission (ICC) under the Illinois FOIA; the agreement fell under the trade secrets exemption of 5 Ill. Comp. Stat. 140/7(1)(g) because its disclosure would have had a chilling effect on the ICC's ability to obtain similar information.
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| Commercial Coin Laundry Sys. v. Loon Invs., LLC, No. 1-06-3718,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Opinion Filed
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Overview: In a breach of contract and conversion case, defendant property owner's motion to dismiss under 735 Ill. Comp. Stat. 5/2-209 (2004) was improperly denied as, contrary to plaintiff laundry systems provider's argument, the prior owner's personal jurisdiction did not run with the land, and the owner's own contacts with the state were insufficient.
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| Crumpton v. Walgreen Co., No. 1-06-0734,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Pharmacy was entitled to JNOV after jury found it negligent in failing to give psychotic child prescribed amount of medication because there was lack of proximate cause; child's suicide was intervening cause as it was not reasonably foreseeable that she would commit suicide or that she was so bereft of reason as to commit suicide.
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| Emery v. Northeast Ill. Reg'l Transp. Co., No. 1-06-0701,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Filed
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Overview: Although court had appellate jurisdiction under Ill. Sup. Ct. R. 304(b)(5) to review a contempt order because trial court imposed a nominal penalty for an employer's failure to produce certain documents in an employee's personal injury lawsuit against the employer, the order was invalid, as it did not identify the documents.
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| Estate of Bass v. Katten, 1-05-3043, 1-05-3044, 1-05-3051, 1-05-3053, 1-05-3068 (cons.),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: A trial court properly imposed a stay of the estate beneficiaries' legal malpractice claim against several attorneys pending the outcome of a probate appeal, rather than dismissing the case without prejudice, where the stay promoted judicial economy, prevented inconsistent verdicts, and there was a strong indication that the complaint had merit.
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| First Capital Mortg. Corp. v. Union Fed. Bank of Indianapolis, No. 1-06-0459,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Trial court erred in dismissing mortgage company's Telephone Consumer Protection Act of 1991, 47 U.S.C.S. § 227(b)(3), claim; the Act expressly created a private right of action and as no neutral Illinois rule of judicial administration barred the action, mortgage company should have been allowed to proceed against bank that sent unsolicited faxes.
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| First Nat'l Bank v. Lowrey, No. 1-05-3686,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided
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Overview: Attorney was found to have committed legal malpractice because sufficient facts existed for the appellate court to conclude that the trial judge in the underlying medical malpractice action would have approved a settlement, the offer of which the attorney did not convey to the client, when the client would have accepted the settlement offer.
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| GMAC v. Stovall, No. 1-06-1858,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, June 29, 2007, Decided
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Overview: A court properly applied 810 Ill. Comp. Stat. 5/9-611 (2002) to a creditor's action where a replevin order was not issued because the creditor had subsequently repossessed the vehicle. The court correctly held that the creditor had failed to provide the required notice, but applied the wrong standard as to the effect on the creditor's action.
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| Koppel v. Michael, No. 1-06-2165,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 29, 2007, Decided, June 29, 2007, Opinion Filed
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Overview: Default judgment was properly ordered against defendants as a sanction for discovery noncompliance under Ill. Sup. Ct. R. 219 because they repeatedly disregarded the trial court's orders and they failed to follow the statutory procedure regarding their confidentiality objections under the Illinois Banking Act to the document production request.
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