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| Cogley v. DaimlerChrysler Corp., No. 2-05-1198,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 26, 2006, Filed
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Overview: Dismissal of a vehicle buyer's claims against a manufacturer and a car dealer under 15 U.S.C.S. § 2310(d)(1) for breach of a written warranty to repair and for revocation of acceptance was reversed, and the cause was remanded as the complaint was timely filed under the four-year statute of limitations set forth in 810 Ill. Comp. Stat. Ann. 5/2-725.
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| Simich v. Edgewater Beach Apts. Corp., No. 1-05-2098,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, October 26, 2006, Filed
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Overview: Evidence was insufficient to establish as a matter of law that a management company was the agent of the owner of an apartment complex where a resident fell and was injured, since the owner's control of the company was not established, but the jury was properly instructed concerning a bar to liability based on an obvious danger.
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| Commonwealth Edison Co. v. Ill. Commerce Comm'n, Nos. 1-06-0664, 1-06-0858, 1-06-0859, 1-06-0876, 1-06-0966, 2-06-0149, 2-06-0381, 4-06-0118, 4-06-0391, 4-06-0392, 4-06-0393 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 27, 2006, Filed
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Overview: Utility companies' petitions for direct review of Illinois Commerce Commission order were premature because 155 Ill. 2d R. 303(a) allowed review only after the Commission had denied the last pending applications for rehearing and the legislature under 220 Ill. Comp. Stat. Ann. 5/10-201(a) did not express intent to preempt Rule's time requirements.
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| Dusthimer v. Bd. of Trs. , NO. 4-05-1034,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, October 27, 2006, Filed
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Overview: When a regulation provided that children of faculty members of state-supported institutions of higher education in Illinois would be treated as residents for tuition purposes, "state-supported" meant an institution that received financial assistance from the State. Thus, a community college that received state assistance was "state-supported."
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| Ford v. Marteness, NO. 4-06-0065,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, October 27, 2006, Filed
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Overview: Where a mother sought to remove her child to Colorado to live with her fiance, the trial court erred in failing to consider that the child's best interests under 750 Ill. Comp. Stat. Ann. 5/609(a) (2004) were intertwined with the mother's. The child was to be a direct beneficiary of the improvement of the mother's quality of life.
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| People v. Stanley, No. 1-04-1790,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, October 30, 2006, Decided , October 30, 2006, Opinion Filed
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Overview: Defendant's due process rights under state and federal constitutions were not violated by Sex Offender Registration Act, 730 Ill. Comp. Stat. Ann. 150/1 et seq., and Sex Offender and Child Murderer Community Notification Law, 730 Ill. Comp. Stat. Ann. 152/101 et seq.; they applied due to his attempt aggravated criminal sexual assault conviction.
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| Travelers Cas. & Sur. Co. v. A.G. Carlson, Inc., No. 2-05-1041,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 30, 2006, Filed
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Overview: Dismissal of surety's indemnification action for being time-barred was reversed and remanded because the 10-year statute of limitations under 735 Ill. Comp. Stat. Ann. 5/13-206 applied, rather than the limitations periods under 735 Ill. Comp. Stat. Ann. 5/13-214(a) and 735 Ill. Comp. Stat. Ann. 5/13-204, and the action was timely commenced.
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| Hall v. Sprint Spectrum L.P., NO. 5-05-0314,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, October 31, 2006, Filed
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Overview: In modifying a stipulated protective order entered pursuant to Ill. Sup. Ct. R. 201(c) to allow for the submission of documents to the FCC while maintaining a procedure for contesting disclosure of particular documents, a trial court made an appropriate modification, exercising its discretion to modify the protective order as justice required.
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| People v. Anna D. (In re Taylor D.), NO. 5-06-0294,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, October 31, 2006, Decision Filed
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Overview: Child was unavailable for adoption by the mother's brother pursuant to 750 Ill. Comp. Stat. 50/1(F) (2004) without the consent of department and because the brother did not have the custody of the child. Trial court correctly proceeded with motion to terminate mother's parental rights despite mother's consent to adopted in favor of her brother.
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