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| Joynt v. Joynt, No. 3-06-0919,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, August 16, 2007, Filed
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Overview: Subchapter S corporation's retained earnings were not marital property as earnings were corporate assets, corporation's stock was held in unequal shares by three individuals, former husband possessed a minority percentage of shares, and although he was corporation's president, he could not unilaterally declare distribution of retained earnings.
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| Redelmann v. Claire Sprayway, Inc., No. 1-02-3220 & 1-02-3221 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, August 16, 2007, Decided
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Overview: 735 Ill. Comp. Stat. Ann. 5/2-615 dismissal of conspiracy claims against two companies, made in a worker's sixth-amended complaint was not an abuse of discretion; the worker failed to include factual allegations that the companies specifically agreed to participate in alleged common scheme to misrepresent the dangers of hydrochloric acid exposure.
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| People v. Howard, No. 1-05-1849,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 17, 2007, Decided
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Overview: The trial court did not abuse its discretion or violate defendant's Sixth Amendment rights in permitting counsel to withdraw. Counsel's insistence on withdrawal raised legitimate concerns about his inclination and ability to effectively represent defendant. Defendant's armed robbery and aggravated discharge of a firearm convictions were affirmed.
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| Regan v. Mut. of Omaha Ins. Co., No. 1-05-1656,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 17, 2007, Decided
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Overview: Trial court properly granted summary judgment to plaintiff declaring that plaintiff's personal injuries were covered under an insurance policy, because plaintiff's stay at a hotel and use of a beach were all part and parcel of his travel to a baseball tournament, and thus injuries suffered while swimming were covered.
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| Wolfe v. Wolf, No. 1-06-0161,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, August 17, 2007, Decided
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Overview: Trial court erred in dismissing plaintiff's legal malpractice action, as there was nothing inconsistent about plaintiff entering a settlement agreement and testifying in support thereof based on representations made to her by defendant, and later filing a malpractice complaint based on the discovery that the representations allegedly were false.
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| People v. Morgan, No. 1-05-4016,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, August 20, 2007, Decided, August 20, 2007, Opinion Filed
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Overview: Trial court did not err in not granting defendant a hearing after the Governor granted defendant a limited pardon, to the extent of removing the death penalty as a legal consequence of his double murder conviction; as a result, defendant could only be sentenced to natural life in prison and a hearing could not have changed that conclusion.
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| West Cab Co. v. Indus. Comm'n, No. 1-06-2566WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, August 21, 2007, Filed
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Overview: Award of workers' compensation benefits to the children of the decedent was reversed because the Illinois Industrial Commission's finding of an employee-employer relationship between the decedent and a corporation from which the decedent leased the taxicab in which he was shot and killed was against the manifest weight of the evidence.
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