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| Cooper Linse Hallman Capital Mgmt. v. Hallman, No. 1-05-0597,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 27, 2006, Decided
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Overview: Trial court properly entered judgment in favor of defendants as to an investment advisor's breach of fiduciary duty claims because the evidence proved that neither defendant exploited their employment for their own benefit nor hindered the ability of the advisor to continue business by forming a competing corporation.
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| Matanky Realty Group, Inc. v. Katris, Nos. 1-05-3753; 1-05-3893 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 27, 2006, Decided
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Overview: Dismissal of a property manager's suit to foreclose a mechanics' lien for maintenance of a parking lot was affirmed as the property owners against whom the lien was asserted were not the owners of the parking lot under an easement they held. No lien could have been imposed on their land no matter if it was adjoining or adjacent to the parking lot.
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| Mitchell v. Dep't of Corr., Nos. 1-04-1928, 1-04-2112, consol.,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 27, 2006, Decided
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Overview: Judgment of the Illinois Human Rights Commission that the Illinois Department of Corrections had discriminated against an employee was reversed because the Commission's finding was clearly erroneous as a private contractor retained by the Department to provide services was the employee's employer under 775 Ill. Comp. Stat. Ann. 5/2-101(B).
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| People v. Oliver, No. 1-05-1559,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 27, 2006, Decided
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Overview: Trial court properly denied defendant's postconviction petition, as defendant failed to show that he received ineffective assistance of counsel, as trial counsel could not have obtained defendant's discharge based on failure to comply with 725 Ill. Comp. Stat. Ann. 5/104-15(a) (1994) if counsel had raised the issue.
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| Sparks v. Starks, No. 1-05-2145,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, September 27, 2006, Decided
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Overview: The police department employee's cause of action alleging willful and wanton prosecution was properly dismissed. The Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 Ill. Comp. Stat. Ann. 10/1-101 et seq., pursuant to 745 Ill. Comp. Stat. Ann. 10/1-101.1, did not create new liabilities that did not exist at common law.
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| Carey v. Richards Bldg. Supply Co., No. 2-06-0712,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 28, 2006, Filed
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Overview: Trial court erred in denying a company's motion to stay plaintiff's action alleging that he was terminated for filing a workers' compensation claim and compel arbitration, because under the Illinois Uniform Arbitration Act, 710 Ill. Comp. Stat. Ann. 5/1 et seq. (2004), the trial court erred in determining the issue of the claim's arbitrability.
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| Certified Testing v. Indus. Comm'n (Nixon), No. 4-06-0039WC,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 28, 2006, Filed
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Overview: Industrial Commission's finding that workers' compensation claimant's knee injury was causally connected to his work duties was supported by evidence; while claimant had preexisting knee problems, knee had not previously required orthopedic intervention and had never caused claimant to miss work, but acute pain suffered on the job required both.
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| Johnson v. Ill. Dep't of Corr., NO. 4-05-0678,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 28, 2006, Filed
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Overview: Dismissal of inmate's complaint seeking restoration of good-conduct credits, award of meritorious good-conduct credits, and his immediate release was proper; he did not show exhaustion of administrative remedies, entitlement to immediate release, or good-conduct credits were improperly awarded pursuant to 730 Ill. Comp. Stat. Ann. 5/3-6-3(a)(2.1).
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| People v. Anderson, No. 2-04-0487,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 28, 2006, Filed
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Overview: Defendant's conviction of first-degree murder, 720 Ill. Comp. Stat. Ann. 5/9-1(a)(2), was affirmed, as the trial court properly excluded the extrajudicial declarations of two alleged perpetrators and the evidence supported the inference that defendant joined in the common design of shooting into a house in an attempt to kill the intended victim.
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| Sieron & Assocs. v. Dep't of Ins., NO. 5-04-0571,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, September 28, 2006, Filed
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Overview: Judicial approval of an administrative review denying property owners' challenge to the non-renewals of their insurance policies by the Illinois FAIR Plan Association was approved as the Association's decision not to renew the policies because of a high loss ratio did not violate the Illinois FAIR Plan, 215 Ill. Comp. Stat. Ann. 5/522 et seq.
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