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| In re Marriage of David, Nos. 2-04-1191 &, 2-05-0088 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 2, 2006, Filed
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Overview: Any error in awarding an ex-wife part of the nonmarital portion of an ex-husband's pension was not jurisdictional and, to the extent that case law held that subject matter jurisdiction in a dissolution of marriage proceeding was conferred by statute, such case law was overruled.
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| City of Chicago v. Pooh Bah Enters., Docket No. 99804.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: Because Chicago, Ill., Mun. Code § 4-60-140(d) did not violate either the U.S. or the Illinois Constitution, the trial court erred in concluding that the ordinance could not serve as the predicate for revoking a corporation's liquor license revocation or enjoining its operation on the grounds that it constituted a public nuisance.
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| DeLuna v. Burciaga, Docket No. 101428.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: As the tolling provision of 735 Ill. Comp. Stat. Ann. 5/13-214.3(e) applied to statutes of repose, a legal malpractice action had been timely filed as to two plaintiffs. Furthermore, the fraudulent concealment statute, 735 Ill. Comp. Stat. Ann. 5/13-215, applied to statutes of repose, and the other plaintiffs had sufficiently alleged concealment.
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| Kinkel v. Cingular Wireless, LLC, Docket No. 100925.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: Whether a class action waiver in an arbitration agreement was unconscionable required a determination on a case-by-case basis, considering the totality of the circumstances. Such a waiver in a cell phone service agreement was unconscionable because it was within a contract of adhesion that failed to inform the customer of the cost of arbitration.
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| People v. Luedemann, Docket No. 100914.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: An officer did not effectuate the seizure of defendant under the Fourth Amendment before observing an open bottle and signs of defendant's intoxication. The officer drove past defendant's vehicle so as not to block it in its space, and he did not turn on his overhead flashing lights to signal that defendant's compliance was expected.
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| People v. Molnar, Docket No. 100054.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: Finding that 730 Ill. Comp. Stat. Ann. 150/7 (2005) and Ill. Admin. Code tit. 20, § 1280.40 (2000) were unconstitutional was reversed after supreme court concluded that, as applied to defendant, those sections satisfied due process and clearly set forth defendant's duty to register as well as his responsibilities after change of residence address.
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| People v. Woodrum, Docket No. 99984.,
SUPREME COURT OF ILLINOIS, October 5, 2006, Opinion Filed
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Overview: Presumption in child abduction statute, 720 Ill. Comp. Stat. Ann. 5/10-5(b)(10), was unconstitutional mandatory presumption since certain statutory findings that were "prima facie evidence" shifted burden of production to defendant, but application of presumption was harmless error as he would have been convicted even in absence of presumption.
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