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| Estate of Bantsolas v. Bantsolas, No. 1-06-3723,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, November 21, 2007, Decided, November 21, 2007, Filed
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Overview: Dismissal of 755 Ill. Comp. Stat. Ann. 5/16-1 citation to recover assets was proper as estate failed to carry its burden of establishing that amendments made by decedent to a land trust, which changed beneficial ownership of property, were not delivered to the trustee prior to the decedent's passing away.
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| Irizarry v. Ill. Cent. R.R. Co., No. 1-06-1453,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, November 21, 2007, Decided, November 21, 2007, Filed
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Overview: Trial court properly dismissed a railroad employee's retaliatory discharge claim against his employer because there was neither a statutorily created nor a common-law cause of action for retaliatory discharge.
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| People v. Cox, No. 1-05-3436,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, November 21, 2007, Decided, November 21, 2007, Filed
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| Emerald Casino, Inc. v. Ill. Gaming Bd., No. 1-07-0881,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 26, 2007, Decided, November 26, 2007, Opinion Filed
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Overview: Illinois Gaming Board followed appellate mandate requiring Board to issue renewal license to casino under 230 Ill. Comp. Stat. Ann. 10/11.2; nothing in § 11.2 prevented Board from thereafter revoking license, and fact Board's resolution issuing renewal license reserved right to apply pending revocation order to new license did not violate mandate.
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| People v. Sipp, No. 1-06-2667,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, November 26, 2007, Decided, November 26, 2007, Opinion Filed
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Overview: In trial for first-degree murder, defendant was not entitled to jury instruction on lesser-included offenses of involuntary manslaughter or second-degree murder, as his testimony indicated he intended to fire weapon and serious provocation claim failed where, inter alia, substantial time elapsed between threat to defendant's daughter and shooting.
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| People v. Stefanski, No. 2-06-1176,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, November 26, 2007, Filed
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Overview: Award of sanctions under Ill. Sup. Ct. R. 137 based on State's needless increase in litigation costs on petition to rescind summary license suspension was error as no subjective bad faith on State's part was found; sanctions were affirmed, however, as State's multiple faulty notices of motion were not warranted by existing law.
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| Treadway v. Nations Credit Fin. Servs. Corp., NO. 5-06-0425,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 26, 2007, Opinion Filed
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Overview: Where an estate representative alleged that a lender improperly charged his mother a loan discount fee, under 735 Ill. Comp. Stat. Ann. 5/2-619, the National Bank Act did not preempt his breach of contract, consumer fraud, and unjust enrichment claims, because he did not allege state law usury claims; the lender waived the issue of res judicata.
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| Bauer v. Mem'l Hosp., NO. 5-06-0291,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, November 27, 2007, Filed
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Overview: In a medical malpractice action arising from alleged failure to recognize and/or adequately treat an infant's hypoglycemia, the infant's parents' support obligation pursuant to 750 Ill. Comp. Stat. Ann. 5/513 after the infant attained majority would not come into play where the infant's injury was caused by the negligence of solvent third parties.
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| People v. Bannister, No. 1-04-2894,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, November 27, 2007, Filed
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Overview: Retrial of defendant for first-degree murder did not violate his double jeopardy rights under U.S. Const., amend. V; Ill. Const. art. I, § 10 (1970) as defendant had waived double jeopardy protection by requesting a new trial in his postconviction petitions; retrial was also proper as there was sufficient evidence to convict at the original trial.
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