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| Graham v. Hyundai Motor Am., Nos. 1-03-0253 & 1-03-0254 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2006, Decided
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Overview: Car manufacturer showed that its informal dispute resolution procedure established through Better Business Bureau Auto Line Program complied with applicable Federal Trade Commission rules codified at 16 C.F.R. § 703.1 et seq., and, thus, the car buyers were required to first resort to that procedure before filing a civil action.
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| In re Marriage of Alexander, NO. 5-05-0109,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 7, 2006, Filed
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Overview: Judgment in favor of respondent in a divorce action was affirmed, because the trial court properly admitted an expert's testimony concerning the value of enterprise goodwill in petitioner's medical practice, as the method used by the expert to value goodwill was not scientific evidence, and was not subject to the Frye test.
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| McKee v. Bd. of Trs. , NO. 4-05-0943,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 7, 2006, Filed
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Overview: City police pension board's decision denying claimant's disability benefit request was not against manifest weight of evidence; presence of certificates from three board-selected physicians, as required by 40 Ill. Comp. Stat. Ann. 5/3-115, stating claimant was disabled was not dispositive, especially since certificates only told part of the story.
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| People v. Griffin, No. 1-04-2580,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, September 7, 2006, Decided , September 7, 2006, Opinion Filed
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Overview: Trial court's response to jury question did not deny defendant right to impartial jury and fair trial but was direct answer to question posed; trial court did not apply law to evidence or instruct the jury on how to do so. Sentence imposed for murder was not disproportionate as, contrary to defendant's contention, he was not a passive participant.
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| People v. Singleton, NO. 4-04-0043,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 7, 2006, Filed
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Overview: Sufficient evidence supported defendant's conviction of burglary, theft over $ 300, animal torture, and aggravated cruelty to companion animal. Accomplice's testimony regarding defendant's conduct was sufficient to support conviction, as jury was well aware of accomplice's criminal conduct, his guilty plea, and immunity he received.
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| Roiser v. Cascade Mt., Inc., No. 1-05-3457,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 11, 2006, Decided , September 11, 2006, Opinion Filed
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Overview: Denial of defendants' motion to dismiss plaintiffs' personal injury action arising from a snowboarding accident was reversed, as there were not sufficient contacts between defendants and Illinois to support jurisdiction under the long arm statute, 735 Ill. Comp. Stat. Ann. 5/2-209(c) (2002), as defendants did not transact any business in Illinois.
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| Ayala v. Murad, No. 1-05-0511,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 12, 2006, Decided , September 12, 2006, Opinion Filed
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Overview: In a wrongful death action, the trial court erred in refusing to allow an administrator's expert to testify as to the potential efficacy of certain courses of cancer treatment, as the expert was qualified to testify on that subject because the expert was a licensed doctor with extensive experience in treatment of cancer patients.
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| Christian County Bd. of Review v. Property Tax Appeal Bd., NO. 5-04-0731,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 12, 2006, Rule 23 Order Filed
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Overview: Property tax appeal board's findings that the county board did not lawfully assess mobile home or like kind property prior to 1979 were not against manifest weight of evidence; thus, property tax appeals board's findings that five manufactured homes were improperly assessed as real property under 35 Ill. Comp. Stat. Ann. 200/24-5 were affirmed.
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| People v. Ford, Nos. 1-04-1392,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 12, 2006, Decided , September 12, 2006, Opinion Filed
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Overview: Appellate court lacked jurisdiction over defendant's claims relating to plea admonishments and regarding violation of probation proceedings. He did not file timely notice of appeal under Ill. Sup. Ct. R. 606(a) from probation sentence, written motion to withdraw his plea or reconsider his sentence, or motion for leave to file late notice of appeal.
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| People v. Morrison, Nos. 1-04-3545,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 12, 2006, Decided , September 12, 2006, Opinion Filed
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Overview: The search of defendant did not violate the Fourth Amendment. An officer witnessed defendant engaged in an argument with another man in the middle of the street. Defendant's disorderly conduct under 720 Ill. Comp. Stat. Ann. 5/26-1 justified a Terry stop of defendant.
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