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| Callahan v. Edgewater Care & Rehab. Ctr., Inc., No. 1-06-3178,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, July 3, 2007, Opinion Filed
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Overview: Trial court erred in dismissing employee's common-law retaliatory discharge action that alleged termination due to her report of possible illegal activity to her superiors; the Whistleblower Act, 740 Ill. Comp. Stat. Ann. 174/1 et seq., did not preempt actions based on retaliation for reporting illegal activities to superiors.
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| People v. P.K. (In re Niki K.), No. 2-06-0902,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 5, 2007, Filed
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Overview: Trial court properly dismissed State's neglect and dependency petition after a 705 Ill. Comp. Stat. Ann. 405/2-10(4) rehearing; rehearing was a de novo proceeding and trial court properly considered that parents were no longer in jail, and there was no abuse of discretion as parents, on date of rehearing, were willing and able to care for child.
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| People v. Randall M. (In re Randall M.), No. 2-06-0999,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 5, 2007, Filed
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Overview: 705 Ill. Comp. Stat. Ann. 405/5-410(c)(v) did not authorize automatic transfer of minor with pending delinquency matters to adult detention facility upon seventeenth birthday. A 17-year-old minor with pending delinquency matters who was housed in county jail in county with fewer than 3 million inhabitants had to be separated from adult prisoners.
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| People v. Bargar (In re Marie M.), NO. 4-06-1000,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, July 6, 2007, Filed
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Overview: Appeal of writs of habeas corpus requiring transportation of juvenile to educational testing were not rendered moot by fact youth center superintendent complied with writs as situation was likely to occur again. Trial court that issued writs was reversed because the writs exceeded trial court's authority under 735 Ill. Comp. Stat. Ann. 5/10-135.
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| Bess v. DirecTV,Inc., NO. 5-05-0394,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 10, 2007, Filed
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Overview: Trial court did not err in denying television company's motion to stay proceedings and to compel arbitration; arbitration provision was procedurally unconscionable primarily because it was in small type on last two panels of fold-up pamphlet and customer did not see it until after she had entered into contract for television programming services.
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| Fox v. Heimann, Nos. 1-06-0414 and 1-06-0697 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, July 10, 2007, Filed
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Overview: Judgment against sellers on breach of contract claim was upheld where sellers were contractually obligated to disclose material defects and it was undisputed sellers did not advise buyer of defects. Fraud claims failed as buyer failed to prove sellers did not believe defects were caused by combination of age-related settling and horizontal joists.
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| People v. Malloy, No. 3-05-0512,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 10, 2007, Filed
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Overview: Trial court erred in dismissing inmate's 735 Ill. Comp. Stat. Ann. 5/2-1401 petition for relief from judgment based on the time component in § 2-1401 as it was a statute of limitations that could not be the basis of the court's sua sponte dismissal; error was harmless, however, because underlying petition lacked merit and could not be cured.
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| Solai & Cameron, Inc. v. Plainfield Cmty. Consol. Sch. Dist. No. 202, No. 03-06-0186,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 10, 2007, Filed
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Overview: After a contractor terminated a subcontractor from certain projects, the contractor violated the terms of performance bonds as to one project by failing to agree to pay the balance of the subcontract, and as to another project by not agreeing to pay the contract balance to the insurer, negating the insurer's duty to act under the terms of the bond.
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