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| Consol. Servs. & Constr., Inc. v. S.R. McGuire Builder & Gen. Contr., Inc., No. 1-04-2507,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 17, 2006, Decided , August 17, 2006, Filed
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Overview: Corporation's principal filed chapter 7 bankruptcy and received a discharge. As contractor's subsequent complaint against the principal alleged no facts showing any purchase or merger contract between principal as an individual and companies with which contractor had construction disputes, contractor failed to establish successor liability claim.
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| Galloway v. Diocese of Springfield, NO. 5-04-0458,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 17, 2006, Opinion Filed
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Overview: Trial court properly ruled that claimant's complaint had to be dismissed because it was barred by statute of repose governing personal injury cases based on child sexual abuse; religious representatives' right to invoke statute of repose as a defense could not be taken away and her claim was time barred when 12-year statute of repose took effect.
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| Pollachek v. Dep't of Prof'l Regulation, Consolidated Nos. 1-05-1337, 1-05-1401,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 17, 2006, Decided , August 17, 2006, Filed
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Overview: Ill. Admin. Code tit. 68, § 1305.45(e), allowing a Certified Registered Nursing Assistant to provide anesthesia services only in a physician's office if that physician had training and experience in the delivery of anesthesia services to patients, was held valid and not in conflict with 225 Ill. Comp. Stat. Ann. 65/10-10(a).
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| Prenam No. 2, Inc. v. Vill. of Schiller Park, No. 1-05-3025,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 17, 2006, Decided , August 17, 2006, Filed
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Overview: Since company failed to show a meritorious defense and that it exercised due diligence in bringing matter of its own alleged negligence to attention of the trial court, the company failed to plead sufficient specific factual allegations to entitle it to relief under 735 Ill. Comp. Stat. Ann. 5/2-1401 and trial court erred in granting such relief.
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| Woodward v. Bridgestone/Firestone, Inc., NO. 5-05-0379,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, August 17, 2006, Filed
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Overview: Because much of the evidence relating to the products-liability issue was in the United States, including the chosen forum, which was where the tire was manufactured, and Australian law could be applied in Illinois, the private-interest and public interest factors did not weigh strongly in favor of a dismissal the action.
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| Trossman v. Philipsborn, No. 1-04-0588,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 21, 2006, Decided , August 21, 2006, Opinion Filed
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Overview: A trial court erred in granting summary judgment to a co-guarantor in a claim for contribution by other guarantors, as genuine issues of fact existed regarding the propriety of reverse piercing the corporate veil; the co-guarantor asserted that payment on the guaranty by the guarantors' company did not invoke individual liability.
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| People v. Turner, No. 2-06-0060,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, August 22, 2006, Filed
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Overview: Trial court did not abuse its discretion in suppressing photos of defendant's penis as a discovery sanction after the State obtained a search warrant for the taking of the photos instead of following Ill. Sup. Ct. R. 413. The State violated Rule 413 when if failed to notify defense counsel about the photography session.
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| Sedlock v. Bd. of Trs. , No. 3-05-0736,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 22, 2006, Filed
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Overview: Trustees of police pension fund had authority under 40 Ill. Comp. Stat. Ann. 5/1-101.2, 3-131, 3-132 to determine retired police chief's salary for pension purposes but as they had not yet done so, trial court lacked jurisdiction under 40 Ill. Comp. Stat. Ann. 5/3-148 to consider chief's declaratory judgment action regarding salary amount.
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