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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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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