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| Glazer's Distribs. of Ill., Inc. v. NWS-Illinois, LLC, No. 1-06-3274,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 7, 2007, Decided, September 7, 2007, Opinion Filed
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Overview: As the parties in their contract agreed to arbitrate in accordance with state law, the Illinois Uniform Arbitration Act, 710 Ill. Comp. Stat. Ann. 5/1 et seq., applied and the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq., did not apply even though interstate commerce was involved.
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| Hudson v. City of Chicago, No. 1-05-2822,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 7, 2007, Decided, September 7, 2007, Opinion Filed
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Overview: Jury did not err in determining that an officer was not enforcing or executing the law at the time of a collision, so as to be protected by immunity under 745 Ill. Comp. Stat. Ann. 10/2-202. The jury could have found the officer was not on an expressway to enforce the law, but was merely following a pursuit out of personal interest in the outcome.
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| Kopley Group V., L.P. v. Sheridan Edgewater Props., No. 1-06-1373,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2007, Decided
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Overview: Trial court properly granted summary judgment to the seller of a building and the real estate brokers because the buyers of the building failed to prove their claims for breach of contract, fraudulent and negligent misrepresentation, and violation of the Illinois Real Estate License Act of 1983, 225 Ill. Comp. Stat. Ann. 454/1 et seq.
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| People v. Delgado, No. 1-05-1592,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2007, Decided
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Overview: Defendant was entitled to new trial on aggravated criminal sexual abuse under 720 Ill. Comp. Stat. Ann. 5/12-16(c)(1)(ii), because the trial court failed to instruct the jury on definition of "sexual conduct" and the error was not harmless as evidence was closely balanced and verdict could have been different had the jury been properly instructed.
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| People v. Gale, No. 1-06-0038,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2007, Decided, September 7, 2007, Opinion Filed
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Overview: Defendant's postconviction claim of ineffective assistance of counsel was waived on appeal because he could have raised the issue on direct appeal, but he chose not to do so. A fee was properly imposed upon defendant under 735 Ill. Comp. Stat. Ann. 5/22-105 because the trial court found that defendant's postconviction petition was without merit.
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| People v. T.T. (In re T.T.), No. 1-03-0551,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2007, Decided, September 7, 2007, Opinion Filed
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Overview: Testimonial statements made by an alleged child sexual assault victim could not be introduced under 725 Ill. Comp. Stat. Ann. 5/115-10; doing so violated respondent juvenile's Confrontation Clause rights because he was unable to cross-examine the child when she became "unavailable" by refusing to answer specific questions about the assault.
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| Stenstrom Petroleum Servs. Group, Inc. v. Mesch, No. 2-07-0504,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 7, 2007, Filed
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| Visvardis v. Eric P. Ferleger, P.C., No. 1-05-3969,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, September 7, 2007, Decided, September 7, 2007, Filed
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Overview: As clients complaint alleged sufficient facts to support an inference that he had a viable cause of action against his brother and that the brother remained solvent after alleged malpractice of client's attorney resulted in dismissal of that case, trial court erred in dismissing clients malpractice suit under 735 Ill. Comp. Stat. Ann. 5/2-615.
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| Warnock v. Karm Winand & Patterson, No. 1-06-0341,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, September 7, 2007, Decided
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Overview: Clients' legal malpractice action against law firm was not barred by two-year statute of limitations because clients did not actually discover and reasonably could not have discovered letter agreements drafted by partner were negligently prepared until circuit court entered judgment on the pleadings in potential buyers' favor in underlying action.
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