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| People v. Juan S. (In re Antwan L.), No. 2-06-0425,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 28, 2006, Filed
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Overview: Orders terminating respondent's parental rights were valid, as the trial court's failure to adhere to the procedure for serving notice by publication under 705 Ill. Comp. Stat. Ann. 405/2-15 and 2-16 (2004) did not deprive the trial court of subject matter jurisdiction, and respondent waived the issue of personal jurisdiction.
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| People v. Queen, No. 2-05-0185,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 28, 2006, Filed
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Overview: The trial court's judgment denying defendant's motion to quash his arrest and suppress a switchblade that was found on his person after the police seized him was affirmed; the seizure that led to the discovery of the knife was justified as an exercise of police community caretaking authority and did not violate the Fourth Amendment.
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| Smith v. State Farm Ins. Cos., No. 1-06-0519,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 28, 2006, Decided , November 28, 2006, Opinion Filed
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Overview: Circuit court erroneously granted summary judgment to insurer in insured's 215 Ill. Comp. Stat. Ann. 5/155 suit. Parties' arbitration agreement did not bar insured from § 155 claim. Mandatory arbitration provisions of 215 Ill. Comp. Stat. Ann. 5/143a(1) did not bar insured from suing insurer for alleged unreasonable delay in handling her UM claim.
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| Hammond v. Firefighters Pension Fund , Nos. 2-06-0133, 2-06-0187 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 29, 2006, Filed
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Overview: A decision to award a former employee a nonduty, rather than line-of-duty, disability pension was upheld because, inter alia, there was evidence that the underlying causes of his depression and anxiety were independent of his duties as a firefighter/paramedic; his administrative complaint was timely under 735 Ill. Comp. Stat. Ann. 5/3-103.
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| In re Marriage of Edwards, NO. 5-06-0046,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 29, 2006, Decision Filed
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Overview: Trial court's judgment that an award to petitioner of child support against her ex-husband was marital property in the instant divorce action was reversed, as the source-of-funds rule did not expand the exceptions to marital property under 750 Ill. Comp. Stat. Ann. 5/503 (2004), and the support accrued prior to the marriage to respondent.
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| People v. Moorman, No. 2-04-1212,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 29, 2006, Filed
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Overview: After defendant admitted that he was driving while his license was revoked, an offense sufficient to justify a search incident to arrest, the Terry portion of his police encounter was over. The encounter with police was no longer a traffic stop and satisfied U.S. Const. amend. IV. Defendant's motion to suppress was properly denied.
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| Strategic Energy, LLC v. Ill. Commerce Comm'n, Nos. 2-05-0685 & 5-05-0465 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 29, 2006, Filed
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Overview: The Illinois Commerce Commission erred in granting a certificate of service authority to an electric company to operate as an alternative retail electrical supplier where the company's delivery services were not reasonably comparable to those provided by state electric utilities, as defined by 220 Ill. Comp. Stat. Ann. 5/16-115.
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