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| Sun Life Assur. Co. of Can. v. Manna, No. 1-05-1323,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 1, 2006, Decided
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Overview: The retaliatory tax of 215 Ill. Comp. Stat. Ann. 5/444(1) did not violate the Uniformity Clause, Ill. Const. art. IX, § 2, equal protection, or the Foreign Commerce Clause. It had the legitimate purpose of promoting domestic industry by deterring other countries from enacting discriminatory taxes, and its impact on foreign affairs was incidental.
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| Tkacz v. Weiner, No. 1-05-3861,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 1, 2006, Decided
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Overview: Claim defendants violated Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill. Comp. Stat. Ann. 505/1 et seq., was properly dismissed because practice of dentistry was not "trade or commerce" so as to fall under ambit of Act, and case involved professional negligence and thus, clearly fell within "actual practice" of dentistry.
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| In re Marriage of Capitani, No. 2-05-0381,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 2, 2006, Filed
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Overview: Former wife's appeal of dissolution judgment was dismissed. The judgment, which merely noted that the parties should share joint custody of their minor children but did not set out specifics for such custody, did not have the specificity required by 750 Ill. Comp. Stat. Ann. 5/602.1 and was not a final appealable order under Ill. Sup. Ct. R. 303.
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| Liberty Mut. Ins. Co. v. Am. Home Assur. Co., No. 1-05-2441,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 2, 2006, Decided , November 2, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to defendants on plaintiff's claim for attorney fees and costs under 215 Ill. Comp. Stat. Ann. 5/155 (2000), as a defendant correctly relied on an exclusion in an insurance policy in refusing to provide subrogation to plaintiff in relation to a personal injury action.
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| Lyons v. Ill. Dep't of Children & Family Servs., No. 3-06-0027,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, November 2, 2006, Filed
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Overview: Because a review of the factors promulgated by DCFS in Ill. Admin. Code tit. 89, § 300 app. B (2000) revealed that assistant's actions did not amount to abuse, the trial court correctly reversed the decision of the Illinois Department of Children and Family Services in regard to expunging an assistant teacher's record of abuse of a student.
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| Maag v. Ill. Coalition for Jobs, NO. 5-06-0048,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 2, 2006, Opinion Filed
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Overview: The trial court properly dismissed under 735 Ill. Comp. Stat. Ann. 5/2-615 the candidate's defamation per se action. The campaign flyer attacking the candidate's record on crime merely stated opinions as to the candidate's performance as a judge and those opinions were not actionable.
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| People v. Walls, NO. 4-05-0869,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 2, 2006, Filed
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Overview: Trial court did not err in convicting defendant of second-degree murder in violation of 720 Ill. Comp. Stat. Ann. 5/9-2 and aggravated battery with a firearm in violation of 720 Ill. Comp. Stat. Ann. 5/12-4.2, as those offenses did not require proof of conflicting mental states for the same conduct, and, thus, were not legally inconsistent.
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| State Farm Mut. Auto. Ins. Co. v. Ill. Farmers Ins. Co., 1-04-0839,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 2, 2006, Decided
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Overview: Trial court erred in granting partial summary judgment to the insurance company and insured of another insurer; other insurer could limit in its own policies liability for permissive drivers causing bodily injuries, and those limits had to be honored under Illinois Safety and Financial Responsibility Law, 625 Ill. Comp. Stat. Ann. 5/7-100 et seq.
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| Mortgage Elec. Registration Sys. v. Thompson, No. 1-05-2720,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 3, 2006, Decided , November 3, 2006, Opinion Filed
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Overview: Trial court did not err in denying, under 735 Ill. Comp. Stat. Ann. 5/15-1508(b), lien holder's motion to confirm judicial sale after owners received payoff letter from lien holder and sold property. Trial court properly considered interests of third-party purchasers, additional lenders, and owners, all of whom benefitted from owners' sale of home.
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| People v. Beaman, NO. 4-05-0610,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 3, 2006, Filed
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Overview: Since defense counsel's primary strategy in murder trial was to prove lack of opportunity, failure to obtain evidence or further testimony regarding drive times was not objectively unreasonable. State's failure to disclose evidence regarding alleged viable suspect was not error as evidence was inadmissible and thus would not have affected outcome.
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