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State Courts -
Illinois - December 8 - December 11, 2006
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Blair v. Nev. Landing P'ship, No. 2-06-0328,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, December 8, 2006, Filed
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Overview: Employee's picture, although it was displayed via several mediums over a period of time, was used for a single purpose and for a single audience; use of picture was a single overt act, there was no continuing violation, and employee's appropriation-of-likeness claims under 765 Ill. Comp. Stat. 1075/1 et seq. (2002) and common law were time-barred.
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Cordts v. Chi. Tribune Co., No. 1-06-1158,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, December 8, 2006, Decided , December 8, 2006, Opinion Filed
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Overview: Employee's ex-wife natural and proper interest in employee's treatment for depression was not a specified defense to a breach of Confidentiality Act, 740 Ill. Comp. Stat. Ann. 110/1 et seq.; thus, a trial court erred in dismissing the employee's claim for the disclosure of his depression to his ex-wife by his employer's disability claims evaluator.
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N. River Ins. Co. v. Grinnell Mut. Reinsurance Co., No. 1-05-0606,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, December 8, 2006, Decided , December 8, 2006, Opinion Filed
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Overview: Trial court properly granted summary judgment to plaintiff insurer on its claim for reimbursement of funds from defendant's primary insurance policy, which were paid from plaintiff's excess policy to fund settlement in underlying litigation, because underlying contract did not require plaintiff's insured to vertically exhaust consecutive coverage.
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People ex rel. Madigan v. Ill. Commerce Comm'n, No. 1-06-3014,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, December 8, 2006, Decided , December 8, 2006, Filed
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Overview: Without determining whether a telephone company's pending petitions in another district for review of the Illinois Commerce Commission's orders were premature, the court granted the company's motion to transfer the State's petition for review to the other district.
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People v. Angela E. (In re A.E.), No. 3-06-0594,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, December 8, 2006, Filed
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Overview: Pursuant to 705 Ill. Comp. Stat. Ann. 405/2-29, the trial court had authority to terminate parental rights with regard to a minor who was under the age of 21, so long as the minor was adjudicated abused, neglected, or dependent and a subsequent dispositional order was entered by the court when the minor was under 18 years of age.
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Harlin v. Sears Roebuck & Co., No. 1-05-2749,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 11, 2006, Decided , December 11, 2006, Opinion Filed
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Overview: Summary judgment award to a department store was affirmed because, even if the corner of a display stand upon which a minor child fell was a dangerous condition, the store did not owe the victim a duty. Rather, the mother, who saw the stand, was made aware of any dangerous condition, even if the victim could not have been expected to appreciate it.
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McGaw Med. Ctr. of Northwestern Univ. v. Dep't of Empl. Sec., No. 1-05-2916,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 11, 2006, Decided , December 11, 2006, Opinion Filed
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Overview: Trial court properly dismissed employer's action seeking review of unemployment benefit award because the employer failed to name the review board that issued the decision as a defendants as required by 735 Ill. Comp. Stat. Ann. 5/3-103, 3-107; compliance with the pleading rules in the statutes was mandatory and jurisdictional.
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People v. Reyes, Nos. 1-04-1047 & 1-04-1150 Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, December 11, 2006, Decided , December 11, 2006, Opinion Filed
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Overview: The trial court's judgment summarily dismissing defendants' postconviction petitions was reversed where defendants had alleged the gist of a constitutional claim, defendants' allegations against the detective were sufficiently "newly discovered," and any allegation that the detective coerced a person to provide evidence was relevant.
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