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| Durand v. Indus. Comm'n (RLI Ins. Co.), Docket No. 101109,
SUPREME COURT OF ILLINOIS, October 19, 2006, Opinion Filed
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Overview: Although appellant noticed pain in her hands in 1997, her injury did not become manifest until the pain became severe enough for appellant to seek medical treatment in 2000, when carpal tunnel syndrome was diagnosed. Thus, appellant's workers' compensation claim did not accrue under 820 Ill. Comp. Stat. Ann. 305/6(d) until treatment was sought.
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| In re Marriage of Smith, Nos. 1-05-1025, 1-05-1273 Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, October 19, 2006, Filed
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Overview: Trial court only granted the wife a 50 percent share of husband's pension that was marital property pursuant to law in effect at time of dissolution, 750 Ill. Comp. Stat. Ann. 5/503(a), and the record, and not, as wife argued, 50 percent of total pension funds, and wife's share under trial court's ruling was payable only upon husband's retirement.
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| Marconi v. Chicago Heights Police Pension Bd., Docket No. 101418.,
SUPREME COURT OF ILLINOIS, October 19, 2006, Opinion Filed
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Overview: Factual determination of Chicago Heights Police Pension Board, that applicant failed to establish his eligibility for disability pension under 40 Ill. Comp. Stat. Ann. 5/3-114.1, 3-114.2, was not against manifest weight under 735 Ill. Comp. Stat. 5/3-110. Expert's report doubted whether applicant suffered from psychological disturbance.
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| Marconi v. Chicago Heights Police Pension Bd., Docket No. 101418.,
SUPREME COURT OF ILLINOIS, October 19, 2006, Opinion Filed
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Overview: Board's conclusion that the former police officer failed to satisfy his burden of proof in establishing his eligibility for a disability pension was not against the manifest weight of the evidence; as a result, the appellate court's judgment that reversed the Board's denial of the former police officer's disability pension claim was reversed.
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| Paul v. Gerald Adelman & Assocs., Docket No. 100383,
SUPREME COURT OF ILLINOIS, October 19, 2006, Opinion Filed
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Overview: Trial court properly found that the trustee exercised due diligence in filing her 735 Ill. Comp. Stat. 5/2-1401 petitions. The trustee could not pursue the cases in her own right until a bankruptcy court released the causes of action back to her, and until she had reached an agreement with her former law firm to release her files.
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| People v. Griffin, No. 1-04-2580,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, October 19, 2006, Filed
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Overview: Defendant's convictions for first degree murder based on an accountability theory (720 Ill. Comp. Stat. Ann. 5/9-1(a)(3), 5-2) were affirmed. The trial court's response to a question from the jury was a direct answer to the question posed. The trial court simply related the law of felony murder, residential burglary, and accountability.
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| People v. McCarty, Docket Nos. 100469, 100813 cons.,
SUPREME COURT OF ILLINOIS, October 19, 2006, Opinion Filed
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Overview: For purposes of 720 Ill. Comp. Stat. Ann. 570/401(a)(6.5)(D), "substance containing methamphetamine" included byproduct produced during manufacture of methamphetamine. Section 401(a)(6.5(D) did not violate proportionate penalties or the due process clauses of Illinois Constitution, as sentencing category was not cruel or shock to moral sense.
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| People v. Sandry (In re Sandry), No. 2-04-0870,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 19, 2006, Filed
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Overview: Since there was a logical, plausible, common-sense connection between sexual arousal and penile engorgement, expert who relied upon penile plethysmograph test, which measured that connection, was reasonable within meaning of Frye. Since test was widely used, it was apparent it was accepted by substantial number of those who work with sex offenders.
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| Werderman v. Liberty Ventures, LLC, Nos. 2-05-1073 & 2-06-0036 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 19, 2006, Filed
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Overview: Trial court's ruling for home marketers on home purchasers' Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. Ann. 505/10a, 10b, claim could stand along with verdict for home purchasers on their common law fraud claim; jury verdict could not control claim under the statute, which did not contain jury trial right.
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