Illinois Supreme and Appellate Court Case Summaries

By Laurence J. Dunford (LJD) and Darryl B. Simko (DBS).
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3 Appellate Court Cases Posted 5/7/08

1. Property Tax.  Opinion: South, J., affirmed.
No.1-06-3589, Bd. of Educ.of Park Forest-Chicago Heights School District No. 163 v. Houlihan, filed 5/6/08.  (DBS)
The circuit court granted combined motions to dismiss plaintiffs’ verified complaint for declaratory relief and relief by issuance of writs of prohibition and/or mandamus.  Issue: whether the allegedly deceitful real estate transactions rendered any remedies under the Code inadequate.

2. Insurance Coverage.  Declaratory Judgment.  Opinion: O'Malley, J., reversed and remanded.
No.1-06-3604, Farmers Automobile Insurance Association v. Wroblewski, filed 5/2/08.  (DBS)
Farmers sought declaratory relief against insureds, the Wroblewskis, seeking a judgment that Farmers was not obligated to provide uninsured motorist coverage in connection with a traffic accident with an uninsured motorist, Drolet..  Issues: (1) whether Wroblewskis' settlement with Drolet's employer, which released from liability the employer's "agents" and "employees," did not release Wroblewski's claims against Drolet; and (2) whether the settlement (for $1.25 million) should be offset against total damages ($1.85 million).

3. Procedure Under Illinois' Attachment Act.  Opinion: Murphy, J., reversed and remanded.
No. 1-07-0089, 1-07-0606, Cons., ABN Amro Services Company, Inc. v. Navarrete Industries, Inc., filed 5/1/08.  (DBS)
ABN AMRO and others brought an action against Navarrete and shareholders and officers of INS seeking injunctive relief and damages for an alleged fraud, constructive trust, and civil conspiracy.  The core allegation was the conduct of a massive scheme which caused plaintiffs to pay millions of dollars in fraudulent invoices and the payment of kickbacks.  An ex parte temporary restraining order was issued as was an order of statutory prejudgment attachment pursuant to the Illinois Attachment Act.  Following notice, expedited discovery, and evidentiary hearings, the TRO was dissolved, and the request for a preliminary injunction was denied as was the request to vacate the attachment order.  Issue:  whether the attachment order was void for the trial court’s failure to examine any witness under oath regarding the amount required for bond and for plaintiffs’ failure to file an attachment bond before the order was entered.


7 Appellate Court Cases Posted 5/5/08

1. Workers' Compensation.  Opinion: Hoffman, J., reversed in part and remanded.
No. 1-07-1316WC, United Airlines v. The Illinois Workers' Compensation Commission, filed 4/29/08.  (DBS)
United appeals from an order confirming a decision of the Illinois Workers’ Compensation Commission.  Issue:  whether the decision should include per diem expense payments when computing the average weekly wage of the claimant for purposes of calculating the benefits to which she is entitled pursuant to the provisions of the Workers’ Compensation Act.

2. Insurance Law.  Declaratory Judgment.  Opinion: Spomer, J., reversed and remanded.
No. 5-06-0307, United Fire & Casualty v. Keeley & Sons, filed 5/2/08.  (DBS)
United Casualty appeals from summary judgment in favor of Keeley & Sons for declaratory relief.  Issue:  whether the policy issued by United to Keeley provides coverage for claims of spoliation of evidence.

3. Criminal Law.  Opinion: Stewart, J., affirmed.
No. 5-06-0588, People v. Cearlock, filed 4/29/08.  (DBS)
Cearlock was convicted of first-degree murder and concealment of a homicide.  Issues:  (1) can a juror arbitrarily refuse to vote for a not guilty verdict, while at the same time acknowledging that the State did not prove its case beyond a reasonable doubt, without triggering the statutory protection of section 3- 4(a)(3) of the Criminal Code which bars retrial in the event of an original trial's improper termination before a verdict is attained; and (2) is the Double Jeapardy Clause implicated?

4. Contracts.  Opinion: Goldenhersh, J., affirmed in part and reversed in part.
No. 5-05-0516, Korte & Luitjohan Contractors v. Thiems Construction, filed 4/30/08.  (DBS)
Korte & Luitjohan sued IDOT and Thiems Construction for breach of contract.  Issues: (1) whether IDOT is a proper party, (2) whether the circuit court erred by entering a summary judgment in favor of defendant on the claim for breach of contract; and (3) whether the circuit court erred by awarding interest to plaintiff for an improper retainage.

5. Family Law.  Opinion: Gilleran Johnson, J., affirmed.
No. 2-07-0387, In re Marriage of Gulla, filed 5/1/08.  (DBS)
The Gullas' marriage was dissolved in 1994.  At that time, Stephen was ordered to pay $5,000 per month in unallocated maintenance and child support for the couple's two children.  On May 6, 1998, an agreed order was entered requiring Stephen to pay Suzanne $4,000 per month for child support only.
Issue:  whether the trial court properly ordered Knobias, Inc., to pay $369,000 to the petitioner, Suzanne Gulla, as a penalty for knowingly failing to pay, within seven business days, child support from the wages of its employee, the respondent, Stephen Kanaval.

6. Criminal Law.  Opinion: Byrne, J., appeal dismissed.
No. 2-06-1071, People v. Marker, filed 5/1/08.  (DBS)
Following a traffic stop by an Oswego police officer, defendant was arrested and charged with driving under the influence of drugs and driving under the combined influence of drugs and alcohol.  As a result of the same arrest, defendant was also charged with unlawful possession of a controlled substance and unlawful possession of a controlled substance with intent to deliver.  Issue:  jurisdiction.

7. Consumer Law.  Opinion: Hall, J., affirmed.
No. 1-06-2994, Compton v. Country Mutual Insurance, filed 4/29/08.  (DBS)
Compton sued Country Mutual for declaratory judgment, breach of contract, and consumer fraud on behalf of himself and similarly situated individuals.  He alleged that Country Mutual's practice of placing liens on insurance proceeds due insureds breached its contract of insurance with its insureds and violated the Consumer Fraud and Deceptive Business Practices Act.  Issues:  (1) correctness of dismissal of the action; (2) whether the circuit court erred when it refused to vacate the order of dismissal or grant reconsideration of the dismissal order; and (3) whether the circuit court erred when it denied the plaintiff's motion for leave to file an amended complaint. .