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| Blackshare v. Banfield, NO. 5-05-0456,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 26, 2006, Decided
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Overview: The employer did not agree to indemnify the power company for its own negligence, as the intent to indemnify the power company for its own negligence was not clearly present in the indemnification language of the contract. The language limited the promise to indemnify to damages that were due to the negligent acts or omissions of the employer.
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| Bridges v. State Bd. of Elections, Docket No. 102489.,
SUPREME COURT OF ILLINOIS, September 26, 2006, Opinion Filed
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Overview: Trial court erred in declaring 2006 Ill. Laws 94-727 unconstitutional; Illinois General Assembly had authority under Illinois Constitution to create statutes that created new judgeships in each judicial circuit and that authority also included power to reconsider and eliminate through legislation the three judgeships at issue that were unoccupied.
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| Hill v. PS Ill. Trust, No. 1-05-4000,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 26, 2006, Decided , September 26, 2006, Filed
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Overview: Trial court properly dismissed first count of customer's complaint alleging that Illinois Self-Storage Facility Act, 770 Ill. Comp. Stat. Ann. 95/1 et seq., violated the due process of the Illinois Constitution, Ill. Const. art. I, § 2, as the customer did not plead any state action occurred, as was required to maintain his constitutional claim.
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| In re Marriage of McNeil, Nos. 2-05-0098, 2-05-0405,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 26, 2006, Filed
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Overview: Where trial court did not address father's claim that settlement agreement as to his child support obligation and arrearage was unconscionable, instead reminding father that he had agreed to terms, trial court failed to satisfy its obligation under 750 Ill. Comp. Stat. Ann. 5/502(b) to determine whether agreement was unconscionable.
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| People v. Carpenter, No. 1-05-0464,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 26, 2006, Decided , September 26, 2006, Filed
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Overview: 625 Ill. Comp. Stat. Ann. 5/12-612 (2004) violated the due process provisions of the United States and Illinois Constitutions because the statute required no criminal mental state and potentially punished innocent conduct. Among other things, the statute did not require that contraband or the fruits or tools of crime be found in the compartment.
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| People v. Wanda A. (In re Charles A.), No. 1-06-1206,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 26, 2006, Opinion Filed
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Overview: A parent had no constitutional right to a fitness hearing in a parental termination proceeding, since such a hearing would postpone adjudication and the parent had a right to be present, to be heard, to present evidence, to cross-examine witnesses, to examine all records, and to have counsel, pursuant to 705 Ill. Comp. Stat. 405/105(1).
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| White v. DaimlerChrysler Corp., No. 1-04-2945,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, September 26, 2006, Decided , September 26, 2006, Filed
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Overview: Dismissal of buyer's complaint under the Illinois Consumer Fraud Act, 815 Ill. Comp. Stat. Ann. 505/1 et seq., was affirmed as he failed to sufficiently allege the facts which made a manufacturer's omission or concealment material under 815 Ill. Comp. Stat. Ann. 505/2 and did not allege actual damages under 815 Ill. Comp. Stat. Ann. 505/10a(a).
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