LATEST SUMMARIES

BANKING LAW, CIVIL PROCEDURE, DEBT COLLECTION
• Capital One Bank v. Czekala

CIVIL PROCEDURE, PROPERTY LAW & REAL ESTATE
• Mortgage Elec. Sys. v. Gipson

CRIMINAL LAW & PROCEDURE, SENTENCING
• People v. Bumpers

CRIMINAL LAW & PROCEDURE
• People v. Gonzalez
• People v. Clay
• People v. Spicer

DEBT COLLECTION, TRANSPORTATION
• Marx Transport v. Air Express

INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
• Wilkerson v. The County of Cook

LATEST SUMMARIES

BANKING LAW, CIVIL PROCEDURE, DEBT COLLECTION
Capital One Bank v. Czekala, No. 3070395
In a suit seeking payment of credit card charges, denial of defendant's motions to vacate default judgment in favor of plaintiff and reconsider the wage deduction order is reversed and the matter remanded for further proceedings where default judgment was void ab initio against defendant for want of personal jurisdiction. Read more...

CIVIL PROCEDURE, PROPERTY LAW & REAL ESTATE
Mortgage Elec. Sys. v. Gipson, No. 1062363
In a complaint to foreclose a mortgage, the case is reversed and remanded for the circuit court to determine whether defendant abandoned her objection to jurisdiction and, if necessary, whether the purchaser of the property is protected under the provisions of section 2-1401(e) of the Code of Civil Procedure where defendant failed to attend a scheduled court date on her motion to quash service of summons. (6/29/07 opinion withdrawn) Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Bumpers, No. 1061338
In a conviction for first-degree murder as a result of a plea bargain, granting of state's motion to dismiss defendant's pro se postconviction petition is reversed and the cause remanded with direction to impose a sentence of 42 years' imprisonment followed by a term of 3 years' MSR where defendant's constitutional right to due process was violated because it is undisputed that defendant was not admonished that a mandatory 3-year term of MSR would be added to his 45-year sentence. Read more...

CRIMINAL LAW & PROCEDURE
People v. Gonzalez, No. 1060271
Conviction for first degree murder is affirmed over claim that the trial court erred by admitting other crimes evidence and by admitting hearsay testimony. Read more...

CRIMINAL LAW & PROCEDURE
People v. Clay, No. 1060450
Conviction for three counts of murder is affirmed over claims that: 1) the trial court erred in allowing the State to impeach defendant's trial testimony with his prior murder conviction; and 2) defendant received ineffective assistance of trial counsel. Read more...

CRIMINAL LAW & PROCEDURE
People v. Spicer, No. 1053358
Conviction for aggravated sexual assault and forgery and sentence of consecutive terms of 30 years and 5 years of imprisonment are affirmed over claims that: 1) the doctor's testimony that the victim stated that she had been "tied and raped" was inadmissible hearsay and violated defendant's sixth amendment right to confrontation; 2) the State failed to prove forgery beyond a reasonable doubt; 3) the defendant was denied a fair trial because the jury was subjected to improper closing arguments concerning the law of forgery; and 4) the defendant was denied a fair sentencing hearing. (Modified on Denial of Rehearing) Read more...

DEBT COLLECTION, TRANSPORTATION
Marx Transport v. Air Express, No. 1071953
In a suit seeking to recover freight charges relating to over-the-road shipments of goods picked up from a facility owned by defendant-Corning Inc., judgment in favor of defendants is affirmed where plaintiff created the risk of loss by its credit practices. Read more...

INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
Wilkerson v. The County of Cook, No. 1070294
In a medical malpractice action, order granting summary judgment in favor of the defendants is affirmed over claims that: 1) a question of fact exists as to whether the defendants were negligent in their treatment of the decedent; and 2) defendant-doctor's contradictory testimony created a credibility issue, appropriately resolved only by the trier of fact. Read more...