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| Allegis Realty Investors v. Novak, Docket Nos. 100682, 100730 cons.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: 605 Ill. Comp. Stat. Ann. 5/6-620 applied retroactively to validate the 1997 road tax levy challenged by the taxpayers; thus, the authorization obtained in 1979 for the road tax levy did not expire and the challenged 1997 levy was not subject to challenge on the ground that it failed to comply with 60 Ill. Comp. stat. Ann. 1/30-20(b) (1998).
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| Best v. Best, Docket No. 101135.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: Determination that findings of abuse regarding order of protection petition under Illinois Domestic Violence Act of 1986, 750 Ill. Comp. Stat. Ann. 60/101 et seq., had to be reviewed under a manifest weight of the evidence standard was proper; that was the proper standard considering finding in trial court had to be by a preponderance of evidence.
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| Ill. Farmers Ins. Co. v. Marchwiany, Docket No. 101598.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: Because an insurance policy unambiguously restricted recovery for all damages to the $ 100,000 per-person limit in the underinsured-motorist coverage provisions, and could not reasonably be construed to enlarge that coverage, recovery was restricted to the amount already paid under the applicable primary coverage.
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| P.I.&I. Motor Express, Inc. v. Indus. Comm'n (Faulkenberry), No. 5-05-0450WC,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, INDUSTRIAL COMMISSION DIVISION, September 21, 2006, Decision Filed
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Overview: Illinois Workers' Compensation Commission was not obligated to enforce either an agreement between the parties, or Ohio Rev. Code Ann. § 4123.54, because 820 Ill. Comp. Stat. Ann. 305/23 prohibited an employer and employee from entering into an agreement depriving the Illinois Workers' Compensation Commission of jurisdiction.
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| People v. Oscar H. (In re L.W.), 1-03-2835,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 21, 2006, Decided
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Overview: Termination of the father's parental rights was reversed because the trial court did not comply with 705 Ill. Comp. Stat. Ann. 405/2-21(1) (1996), when its adjudication order failed to delineate in writing the factual basis supporting its determination that the abuse or neglect was the result of physical abuse inflicted by one or both parents.
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| People v. Sutherland, Docket No. 99047.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: Because evidence, including mitochondrial DNA evidence, hair samples, and fiber evidence, was sufficient as a matter of law to sustain defendant's convictions for aggravated kidnapping, aggravated criminal sexual assault, and first degree murder of a 10 year old child, the convictions, as well as death penalty on the murder charge, were affirmed.
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| People v. Sutherland, Docket No. 99047.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: Defendant's convictions of aggravated kidnapping, aggravated sexual assault, and first degree murder were affirmed, as hair and fiber evidence recovered from his abandoned vehicle would have provided the probable cause necessary pursuant to the Fourth Amendment to secure a warrant authorizing a search of his person.
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| Vine St. Clinic v. HealthLink, Inc., Docket No. 99790.,
SUPREME COURT OF ILLINOIS, September 21, 2006, Opinion Filed
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Overview: A physician network's percentage based fee contained within a services contract was held to violate 225 Ill. Comp. Stat. 60/22(A)(14) and, therefore, void since § 22(A)(14) prohibited payments by physicians for management or other services based upon a percentage of professional income.
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| Weisman v. Schiller, Ducanto & Fleck, Ltd., No. 1-04-2950,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, September 21, 2006, Decided , September 21, 2006, Opinion Filed
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Overview: Client's legal malpractice action failed because, inter alia, client, who was awarded over $ 3 million in a settlement with her former husband, failed to establish that she suffered damages due to the firm's representation, there were no erroneous evidentiary rulings, and defense counsel's closing argument did not deprive the client of fair trial.
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