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| Midwest Builder Distrib. v. Lord & Essex, No. 1-06-1233,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 9, 2007, Decided, November 9, 2007, Opinion Filed
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Overview: Judgment for a subcontractor in a breach of contract action was affirmed because the builder's acceptance and later sale of the goods delivered by a subcontractor showed under 810 Ill. Comp. Stat. Ann. 5/2-607, 810 Ill. Comp. Stat. Ann. 5/1-203, and 810 Ill. Comp. Stat. Ann. 5/2-208 that the subcontractor was entitled to recovery under agreements.
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| People v. Smith, No. 1-05-2694,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 9, 2007, Decided, November 9, 2007, Opinion Filed
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Overview: Trial court did not err in finding defendant to be in criminal contempt of court and in sentencing him to six months in prison to be served consecutively to his aggravated battery convictions; his conduct during sentencing hearing of interrupting trial court and using profane language was sufficient to show him to be in criminal contempt of court.
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| Hudson v. YMCA of Metro. Chi. LLC, No. 1-06-3550,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 13, 2007, Decided
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Overview: Summary judgment for defendant community center on plaintiff's personal injury action against the center was affirmed because plaintiff suffered his injuries while performing community service and thus, the community center was immune from tort liability under 730 Ill. Comp. Stat. Ann. 115/1(e) (2006).
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| In re Marriage of Saheb, No. 1-06-3304,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 13, 2007, Decided, November 13, 2007, Filed
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Overview: Trial court did not err in granting visitation rights to mother in United Arab Emirates (UAE) pursuant to 750 Ill. Comp. Stat. Ann. § 5-607 based on fact that UAE was not signatory to Hague Convention because father had previously been able to obtain some legal recourse in the UAE and the mother previously returned the child to the United States.
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| People v. Moore, No. 1-05-0515,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 13, 2007, Decided, November 13, 2007, Opinion Filed
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Overview: Trial court did not err in denying defendant's amended motion requesting DNA testing pursuant to 725 Ill. Comp. Stat. Ann. 5/116-3, as defendant failed to present a prima facie case showing an adequate chain of custody as was required under 725 Ill. Comp. Stat. Ann. 5/116-3(b)(2) in order to have such a request granted.
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| Record-A-Hit, Inc. v. Nat'l Fire Ins. Co., No. 1-07-0684,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 13, 2007, Filed
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Overview: Judgment was reversed as under § 2-615 (735 Ill. Comp. Stat. Ann. 5/2-615) complaint established legal interests of corporation and insurers in viability of insurance policies and actual controversy regarding such interests. Allegation that insurers had not filed declaratory judgment action to resolve coverage dispute was not necessary.
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| Residential Carpentry, Inc. v. Kennedy, No. 1-06-1705WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, November 13, 2007, Filed
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Overview: Judgment was affirmed as there was not jurisdiction over appeal as employer failed to timely file appeal bond under 820 Ill. Comp. Stat. Ann. 305/19(f). Once Illinois Workers' Compensation Commission decision was corrected, original summons and supporting documents were premature and void. There was nothing for appeal bond rider to amend.
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| Ross v. May Co., No. 1-06-0239,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 13, 2007, Decided
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Overview: Trial court erred in dismissing breach of contract claim under 735 Ill. Comp. Stat. Ann. 5/2-619(a)(9), as new benefits offered to employee did not constitute consideration for unilateral modification of his employment contract as they were offered to all eligible employees and there was never a bargained for exchange between employee and employer.
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