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| Int'l Union of Operating Eng'rs, Local 150 v. Lowe Excavating Co., Docket Nos. 101231, 101347 cons.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: The judgment of the circuit court was affirmed as modified by a reduction in the award of punitive damages where the record contained no evidence that the company lost other contracts or was unable to perform excavating work at other locations as a result of the union's conduct.
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| Nicor, Inc. v. Associated Elec. & Gas Ins. Servs., Docket No. 101844.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: Appellate court properly concluded that the 195 homes where mercury contamination was discovered and remediation was carried out, and which could be subject to insurers' policies issued to gas company, involved separate occurrences rather than a single occurrence and, thus, meant that the insurers did not have a duty to indemnify the gas company.
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| People v. Campbell, Docket No. 101263.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: Conviction was properly vacated where the trial court accepted defendant's waiver of counsel without complying with Ill. Sup. Ct. R. 401(a). Defendant was entitled to counsel because he was charged with an offense that was punishable by up to one year of imprisonment which required trial court erred to advise defendant of right to counsel.
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| People v. Campbell, Docket No. 101263.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed--Modified on denial of rehearing January 22, 2007
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Overview: Defendant's conviction for driving with a suspended license was vacated, as there was no compliance with Ill. Sup. Ct. R. 401(a) in accepting his waiver of counsel. The trial court allowed him to proceed to trial pro se without making any attempt to inform him of the nature of the charges, the range of possible penalties, or his right to counsel.
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| People v. Cordell, Docket No. 101546.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: Defendant's convictions were wrongly reversed on an ineffective assistance finding for counsel's failure to argue that his 725 Ill. Comp. Stat. 5/103-5(a) (2002) speedy trial rights were violated as a reversal motion would have been futile; he did not object to the trial date, and his jury trial request before a date was proposed was insufficient.
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| People v. Gancarz, No. 2-04-0190,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 30, 2006, Filed
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Overview: Conviction for reckless homicide was supported by staggering amount of THC that remained in defendant's system eight hours after incident and his decision to put other motorists in danger. Defendant was prejudiced when trial court did not admonish him of opportunity to elect sentencing under new, more favorable version of reckless homicide statute.
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| People v. Lewis, Docket No. 101747.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: Under 725 Ill. Comp. Stat. 5/115-12 (2002), a third party's hearsay testimony relating a declarant's identification of defendant was admissible without the declarant first testifying, because the declarant was available for cross-examination, under the statute, once she was placed on the witness stand, under oath, and willingly answered questions.
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| People v. Roemer (In re S.J.), NOS. 4-06-0562, 4-06-0596,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, November 30, 2006, Filed
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Overview: Trial court erred by permanently placing a minor son with a foster mother. Three children had been returned to the biological mother; trial court's reason was based solely on son's attachment to foster mother, and trial court failed to rule out short-term care with continued goal to return home under 705 Ill. Comp. Stat. Ann. 405/2-28(2)(B) (2004).
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| Smith v. Ill. Cent. R.R. Co., Docket No. 102060.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: In this negligence action involving a train derailment, the judgments of the appellate and circuit courts, which granted plaintiffs' motion to certify the case as a class action, were reversed; the lower courts erroneously equated liability for the derailment with liability for the alleged health consequences arising from exposure to the chemicals.
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| Valley Forge Ins. Co. v. Swiderski Elecs., Inc., Docket No. 101261.,
SUPREME COURT OF ILLINOIS, November 30, 2006, Opinion Filed
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Overview: Appellate court properly affirmed trial court's partial summary judgment grant for advertiser finding insurers had duty to defend it from lawsuit alleging it sent unsolicited facsimile advertisements in violation of Telephone Consumer Protection Act, 47 U.S.C.S. § 227; allegations brought lawsuit potentially within "advertising injury" coverage.
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