LATEST SUMMARIES
CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, INSURANCE LAW
Craig v. United Auto. Ins. Co.
CRIMINAL LAW & PROCEDURE
People v. Marsala
People v. Escobedo
FAMILY LAW
In re: Marriage of Rife
GOVERNMENT LAW, TAX LAW
Bigelow Group, Inc. v. Rickert
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LATEST SUMMARIES
CONTRACTS, DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, INSURANCE LAW
Craig v. United Auto. Ins. Co., No. 1063636
In an action to confirm the arbitration award in the matter of an
uninsured motorist claim, dismissal of defendant's counterclaim for
breach of contract is affirmed where defendant waived the issue of
plaintiffs' misrepresentations by failing to raise it until more
than two years after receiving the claim, and more than one year
after the arbitration award.
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CRIMINAL LAW & PROCEDURE
People v. Marsala, No. 2061044
In a DUI conviction resulting in suspension of defendant's driving
privileges, granting of defendant's petition to rescind the summary
suspension of his driving privileges is reversed where defendant
failed to establish a prima facie case for rescission.
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CRIMINAL LAW & PROCEDURE
People v. Escobedo, No. 1052229
In a conviction for murder, denial of defendant's petition for
postconviction relief is affirmed over claims that: 1) the trial
court erred when it treated the two petitions as a single
postconviction petition without following the procedures outlined in
People v. Shellstrom; and 2) that the trial court erred when it
summarily dismissed defendant's petition because his claim that a
juror was sleeping during his trial was neither frivolous nor
patently without merit.
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FAMILY LAW
In re: Marriage of Rife, No. 2061048
In a dissolution of marriage action, denial of respondent's
postdissolution petition to reduce child support is affirmed where
petitioner's response to the petition was not a "petition" itself so
as to trigger the modification clause of the marital settlement
agreement because the modification clause is void as against public
policy.
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GOVERNMENT LAW, TAX LAW
Bigelow Group, Inc. v. Rickert, No. 2060879
In an action seeking an injunction against defendant tax collector's
practice of refusing to allow property tax payment by specification
and a declaration that defendant's refusal to accept payment by
specification violated the Property Tax Code, summary judgement in
favor of defendant is affirmed where collectors have discretion
under the Code to accept or deny payment by specification.
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