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March 07, 2008

Table of Contents

LATEST SUMMARIES

COMMERCIAL LAW, CONSUMER PROTECTION LAW, CONTRACTS, DEBT COLLECTION
• Parks v. CNAC-Joliet, Inc.

CRIMINAL LAW & PROCEDURE, SENTENCING
• People v. Gregory

CRIMINAL LAW & PROCEDURE
• People v. Lewis
• People v. Johnson

DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, INSURANCE LAW
• Equistar Chems. v. Hartford Steam Boiler Inspection and Ins. Co. of Connecticut

FAMILY LAW, HEALTH LAW
• In Re Alaka W.

GOVERNMENT LAW, INSURANCE LAW, TAX-EXEMPT ORGANIZATIONS, WORKERS' COMPENSATION
• Illinois Non-Profit Risk Mgmt. Ass'n v. Human Servs. Ctr. of S. Metro-East

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
• People v. Kotara

GOVERNMENT LAW, TAX LAW
• Allegis Realty Investors v. Novak

PROBATE, TRUSTS & ESTATES
• Ranger v. Ranger

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FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent.

LATEST SUMMARIES

COMMERCIAL LAW, CONSUMER PROTECTION LAW, CONTRACTS, DEBT COLLECTION
Parks v. CNAC-Joliet, Inc., No. 3070336
In a suit for monetary damages resulting from defendant's improper notice of the sale of plaintiff's automobile, judgment in favor of defendant is reversed where the notice does not contain sufficient reasonable details to inform plaintiff how the creditor "figured the amount" she owed. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
People v. Gregory, No. 4070677
In a conviction for burglary and sentence of 24 months probation as a result of a plea agreement, which resulted in a probation revocation and 15 year sentence based on the fact that defendant was a Class X felon, conviction and sentence are vacated and the matter remanded where the plea agreement is void because the sentencing concession was a significant deviation from that provided by statute. Read more...

CRIMINAL LAW & PROCEDURE
People v. Lewis, No. 4060820
Conviction for possession of a controlled substance is affirmed over claim that the trial court committed plain error by imposing a street value fine without considering any evidence regarding the value of the drugs in question. Read more...

CRIMINAL LAW & PROCEDURE
People v. Johnson, No. 2070307
In an arrest for aggravated driving with a suspended license and aggravated driving with a revoked license, order quashing the arrest and suppressing the evidence resulting from the arrest is affirmed where: 1) the time defendant was driving was an insufficient basis for the officer to stop him; and 2) any justification of the stop under the special-needs doctrine does not fall within the scope of matters we can consider under the plain-error doctrine. Read more...

DISPUTE RESOLUTION & ARBITRATION, INJURY AND TORT LAW, INSURANCE LAW
Equistar Chems. v. Hartford Steam Boiler Inspection and Ins. Co. of Connecticut, No. 4070478
In a negligence claim arising from damages to a turbine generator, denial of plaintiff's motion to stay arbitration is affirmed where defendant's subrogee status gave it standing to invoke the arbitration clause. Read more...

FAMILY LAW, HEALTH LAW
In Re Alaka W., No. 3070172
Order for involuntary admission and involuntary administration of psychotropic drugs is reversed and the matter remanded where the state: 1) failed to satisfy its burden of proof under section 2-107.1 of the Mental Health Code; 2) failed to prove by clear and convincing evidence that the respondent is unable to provide for her basic physical needs; 3) failed to substantially comply with section 3-810 of the Mental Health Code; and 4) failed to prove that hospitalization is the least restrictive course of treatment. Read more...

GOVERNMENT LAW, INSURANCE LAW, TAX-EXEMPT ORGANIZATIONS, WORKERS' COMPENSATION
Illinois Non-Profit Risk Mgmt. Ass'n v. Human Servs. Ctr. of S. Metro-East , No. 4070472
In a complaint concerning a workers' compensation self-insurance pool against third-party defendants, dismissal of the third party complaint with prejudice and without leave to amend is affirmed where the defendant and third party plaintiff-pool members' allegation that plaintiff and third party defendant-INRMA's nonprofit status created a fiduciary relationship with the trustees failed to state a cause of action. Read more...

GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
People v. Kotara, No. 3070502
In a suit to condemn certain real estate under the state's eminent domain power in connection with plans to improve State Route 113, order granting plaintiff's quick take motion, setting preliminary just compensation, and denying defendant's motion to dismiss is reversed and remanded where the trial court abused its discretion by: 1) restricting cross-examination of the Department of Transportation appraiser; and 2) prohibiting defendant from calling his expert witness or making an offer of proof on the subject of his expert witness's testimony. Read more...

GOVERNMENT LAW, TAX LAW
Allegis Realty Investors v. Novak, No. 2050604
In a suit objecting to various taxes imposed by several units of local government, summary judgment in favor of intervenor-Lisle Township Road District is reversed and the matter remanded where the evidence presented by the District does not reach the level necessary to establish, as a matter of law, that the District was entitled to judgment. Read more...

PROBATE, TRUSTS & ESTATES
Ranger v. Ranger, No. 4070065
In a complaint for construction requesting the court construe various parts of the subject trust agreement, granting of summary judgment in favor of defendant regarding the disposition of the deceased's business is reversed and the matter remanded where summary judgment for defendant was inappropriate as the directive containing the disposition would not take effect until after the surviving trustor's death. Read more...


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