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| City of Chicago v. Beythel Outcast Church, No. 1-06-1724,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 27, 2007, Decided
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Overview: City of Chicago, as owner of property, was not required to name itself as defendant in action against occupier of property for municipal code violations; City's presence as plaintiff sufficiently protected City's interests, City could not be both plaintiff and defendant in same case, and Chicago, Ill., Mun. Code § 13-12-020 did not require joinder.
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| Livingston v. Dep't of Empl. Sec., No. 1-06-2298,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 27, 2007, Decided
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Overview: Trial court did not err in concluding claimant who engaged in work-related misconduct was properly denied unemployment insurance benefits under the Unemployment Insurance Act, 820 Ill. Comp. Stat. Ann. 405/100 et seq.; sufficient evidence in record showed claimant's conduct at work in improperly touching elderly resident was wilful and deliberate.
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| People v. Carroll, No. 2-05-1096,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 27, 2007, Filed
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Overview: Order denying motion to withdraw a guilty plea when counsel had not filed an Ill. Sup. Ct. R. 604(d) certificate was not void, it was merely voidable; as the order was only voidable, an inmate's attempt to collaterally attack the 1988 judgment was untimely under 735 Ill. Comp. Stat. Ann. 5/2-1401.
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| People v. Gonzalez, No. 2-07-0243,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 27, 2007, Filed
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Overview: Trial court erred in failing to treat a timely filed pro se letter as defendant's motion to withdraw her plea of guilty to a forgery charge; the letter asserted that defendant was coerced into pleading guilty, and in that case, an Ill. Sup. Ct. R. 604(d) proceeding should have been conducted.
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| People v. Price, No. 1-05-3782,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, July 27, 2007, Decided
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Overview: Defendant was not outside the scope of the aggravated-unlawful-use-of-a-weapon statute, 720 Ill. Comp. Stat. Ann. 5/24-1.6(a)(1), (a)(3)(A) (2002). By his own admission, he was never anything more than a guest at a residence, and did not claim to live there.
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| Visvardis v. Eric P. Ferleger, P.C., No. 1-05-3969,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, July 27, 2007, Decided, July 27, 2007, Opinion Filed
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Overview: Court erred by dismissing a former client's legal malpractice action because the court should not have considered documents outside of the complaint in ruling on the attorney's motion to dismiss under 735 Ill. Comp. Stat. Ann. 5/2-615, and the client sufficiently alleged facts that could have supported a finding that the attorney acted negligently.
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| Chubb Group Ins. Cos. v. Carrizalez, No. 1-06-1746,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 30, 2007, Decided, July 30, 2007, Opinion Filed
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Overview: Trial court erred in dismissing workers' compensation carrier's action against driver to recover workers' compensation benefits paid to an employee injured in an auto accident; under 820 Ill. Comp. Stat. Ann. 305/5(b), settlement release given to driver by employee was void as neither the carrier or the employer had agreed to the settlement.
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| Fedorski v. Bd. of Trs., No. 2-06-1004,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 30, 2007, Filed
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Overview: Police pension fund board correctly found that police officer was only entitled to a nonduty disability pension pursuant to 40 Ill. Comp. Stat. Ann. 5/3-114.2 for injuries he sustained when a vehicle struck the police car in which he was riding; he was not engaged in "act of duty" since he was not facing any special risks at time he was injured.
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| Russell v. Bd. of Educ., No. 1-06-1134,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, July 30, 2007, Filed
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Overview: Trial court erred in upholding city education board's decision to terminate the teacher's employment; the finding that her conduct was irremediable per se was not supported by the manifest weight of the evidence and the city education board itself erred in considering her expunged disciplinary records to find that her conduct was irremediable.
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