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| Aon Corp. v. Utley, No. 1-05-2824,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 9, 2006, Decided , November 9, 2006, Opinion Filed
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Overview: A former employee's stock option agreement with her former employer did not merge with her subsequent agreement not to solicit, because the subject matter of the agreements differed, so she was bound by the forum selection clause in the first agreement, and that clause waived her right to claim forum non conveniens as to litigation in that forum.
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| Kim v. City of Chicago, No. 1-05-2684,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 9, 2006, Decided
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Overview: Summary judgment was properly granted against plaintiff, who filed a malicious prosecution suit after being charged with murder following the death of his girlfriend's baby. Detectives had probable cause, based on information from the girlfriend, the medical examiner who autopsied the baby, and others, to believe plaintiff had committed murder.
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| People v. Delgado, No. 1-04-3314,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 9, 2006, Decided , November 9, 2006, Opinion Filed
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Overview: Where defendant alleged excessive delay between the crime and the indictment, a remand was required. The trial court failed to conduct the analysis as to whether defendant showed prejudice and as to whether the State showed reasonableness of the delay. The appellate court could not conduct the analysis since it involved issues of fact.
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| People v. Williams, No. 1-05-0619,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 9, 2006, Opinion Filed
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Overview: Defendant's conviction for aggravated unlawful use of a weapon was affirmed; as the weapon was "uncased" pursuant to 720 Ill. Comp. Stat. Ann. 5/24-1.6(a) when it was inside an unmovable, zippered compartment attached to the backseat of defendant's vehicle, the evidence was sufficient. Defendant's ineffective assistance of counsel claim failed.
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| Shakkour v. Hamer, No. 1-04-1646,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, November 9, 2006, Decided
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Overview: A nonresident partner's income from the sale of a partnership's only asset was nonbusiness income, under 35 Ill. Comp. Stat. 5/1501(a)(13) (2000), because this was a marked departure from the prior licensing of the asset under the business liquidation exception to the functional test of business income, and the income was not allocable to Illinois.
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| Webber v. Wight & Co., No. 1-04-1622,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 9, 2006, Decided , November 9, 2006, Opinion Filed
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Overview: Court affirmed judgment in favor of employer in a case alleging retaliatory discharge because the employee did not preserve his arguments on appeal as he failed to satisfy the posttrial motion specificity rules set forth in 735 Ill. Comp. Stat. Ann. 5/2-1202(b) (2002), 155 Ill. 2d R. 366(b)(2)(iii), and 166 Ill. 2d R. 323(a).
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| Midwest Bank & Trust Co. v. US Bank, No. 2-05-1255,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 13, 2006, Filed
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Overview: Trial court erred in awarding surplus funds from the sale of foreclosed property to third-party purchasers for the payment of real estate taxes; 735 Ill. Comp. Stat. Ann. 5/15-1512 contemplated reimbursement for taxes paid on the property before the foreclosure sale, and they sought funds to pay those taxes after they purchased the property.
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| Niles Twp. High Sch. Dist. 219 v. Ill. Educ. Labor Rels. Bd., No. 1-05-2323,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, November 13, 2006, Filed
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Overview: A school district's petition to clarify a bargaining unit to exclude technology positions as confidential employees under 115 Ill. Comp. Stat. Ann. 5/2(n) (2004) was improperly dismissed. Educational labor board's new time limit for filing unit clarification petition was arbitrary when it contravened state policy to exclude confidential employees.
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| IFC Credit Corp. v. Magnetic Techs., Ltd., No. 1-06-0426,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 14, 2006, Opinion Filed
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Overview: Res judicata could not be invoked by lessee to bar breach of contract action by assignee credit company for lessee's failure to make equipment rental payments as credit company was not a party to litigation against assignor that had declared rental agreement unenforceable and was not in privity with the assignor when that litigation was filed.
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| County of Cook v. Ill. Labor Rels. Bd., Nos. 1-06-0770, 1-06-0894 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 15, 2006, Decided , November 15, 2006, Opinion Filed
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Overview: Hospital administrative employees were not confidential employees under 5 Ill. Comp. Stat. Ann. 315/3(c) (2004); they had no access to collective bargaining information and could form a collective bargaining unit for the hospital under 5 Ill. Comp. Stat. Ann. 315/9(b) (2004), as the hospital existed independently within the county health system.
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