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| Burton v. Airborne Express, Inc., NO. 5-05-0160,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 8, 2006, Decided
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Overview: Dismissal of a shipper's breach of contract suit against a courier service was affirmed because, although 49 U.S.C.S. § 41713(b)(1) of the Airline Deregulation Act of 1978 did not preempt the action, the complaint failed to state a cause of action as the terms of the the contract, which was attached to the complaint, belied the shippers' claims.
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| Pekin Ins. Co. v. Miller, No. 1-05-4086,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, August 8, 2006, Filed
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Overview: Trial court properly granted judgment on the pleadings to a tree-cutting service in an insurer's declaratory judgment action claiming that it had no duty to defend the service in an underlying action, because the service's wrongful clearing of trees from a property was not intentional, and exclusions in the insurance policy were ambiguous.
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| Housman v. Albright, NO. 5-05-0270,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 9, 2006, Opinion Filed
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Overview: Dismissal of shareholders' third-amended shareholders' derivative complaint with prejudice on ground that they lacked standing to sue under Delaware law because they were not equitable stockholders was error; they, as employee stock ownership plan participants, were equitable shareholders and their suit was not preempted under federal law.
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| In re Marriage of Thornton, No. 3-05-0722,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 9, 2006, Decided
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Overview: Because it could be inferred that a resident, continuing conjugal relationship existed between a wife and her ex-spouse's brother, and since the only contradicting evidence was testimonial in nature, the trial court properly terminated the ex-spouse's maintenance obligations under 750 Ill. Comp. Stat. Ann. 5/510(c) (2002).
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| Peck v. Froehlich, NO. 4-05-0996,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 9, 2006, Decided , August 9, 2006, Filed
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Overview: Provision in paragraph of settlor's Arizona trust granting defendant final discretion only applied to that paragraph and did not grant him authority to deny request of plaintiff, trustee of settlor's Illinois trust, for funds that were to be shared between trusts. Defendant's reading would have been contrary to settlor's stated intent for trusts.
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| People v. Dominguez, No. 3-05-0668,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 9, 2006, Decided
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Overview: Although a police officer failed to forward a copy of a driver's summary suspension to a circuit court, it was a technical deficiency that could be cured; therefore, the trial court erred in granting the driver's petition to strike and rescind the summary suspension of his operator license under 625 Ill. Comp. Stat. Ann. 5/11-501.1 (2004).
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| People v. Harris, NO. 4-02-1063,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 9, 2006, Filed
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Overview: Trial court properly dismissed defendant's postconviction petition at the first stage; he failed to comply with the requirement of 725 Ill. Comp. Stat. Ann. 5/122-2 of the Post-Conviction Hearing Act that a defendant attach "affidavits, records, or other evidence" in support of the petition's allegations or offer an explanation for their absence.
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| People v. Land, NO. 4-05-0593,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 9, 2006, Filed
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Overview: Sua sponte dismissal of inmate's 735 Ill. Comp. Stat. Ann. 5/2-1401 petition to vacate judgment and for habeas corpus relief was affirmed on appeal. The appellate court declined to retreat from prior rulings that trial courts could sua sponte dismiss frivolous § 2-1401 petitions and agreed with Fifth District that same applied to habeas petitions.
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| Russell v. Blagojevich, NO. 4-05-0765,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, August 9, 2006, Filed
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Overview: Trial court did not err in dismissing the former state's attorney's petition for a writ of mandamus to obtain cost-of-living adjustment (COLA) and back salary; since Ill. Const. art. I, § 19 did not prohibit increases or decreases in his salary, the public act that denied him a COLA was not unconstitutional.
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