Case noteBy Alfred M. Swanson, Jr.Local Government Law, October 2003Tort Immunity Act limitations period does not apply to construction. Hager v. II In One contractors, Inc., The City of Chicago, and Public Building Commission, 1-01-4222, September 5, 2003; Reid, J.
Case summariesBy Alfred M. Swanson, Jr. & Willis R. TriblerBench and Bar, August 2003People v. Terrell, 5-02-0367 (5th Dist. 6/11/2003) (Chapman, J.). Defendant was acquitted in a bench trial of attempted murder, but convicted of solicitation of murder.
Case summariesBy Michael Kiley & Alfred M. Swanson, Jr.Bench and Bar, June 2003The defendant appealed his conviction on two counts of aggravated criminal sexual assault.
Case summariesBy Joan Smuda, Hon. Michael Kiley, & Alfred M. Swanson, Jr.Bench and Bar, May 2003In December 1998, the State sought to terminate the parental rights of respondent parents to their two children.
Case summariesBy Hon. Michael Kiley, Hon. Eddie Stevens, & Alfred M. Swanson, Jr.Bench and Bar, March 2003The defendant was found guilty of driving under the influence of alcohol. On appeal, the defendant contended, inter alia, that it was error to allow the State to introduce evidence that the defendant refused to submit to breath alcohol testing by way of a portable breath test instrument (PBT).
Romine v. Village of Irving, 5-01-0798, January 15, 2003By Alfred M. Swanson, Jr.Local Government Law, February 2003After John and Dixie Osborne dropped their sons at a reunion in Irving, they drove to a tavern where each consumed about 12 bottles of beer.
Case summariesBy Alfred M. Swanson & Thomas A. BrunoBench and Bar, January 2003The issue involved both the interpretation and constitutionality of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117) that modified the common law rule of joint and several liability.
Case summariesBy Hon. Morton Denlow, Hon. Michael Kiley, Alfred M. Swanson, & Philip LadingBench and Bar, November 2002Cases of interest to Bench & Bar practitioners.
Case summariesBy Hon. Lloyd A. Karmeier & Alfred M. Swanson, Jr.Bench and Bar, September 2002The United States Supreme Court has held that the Minnesota Supreme Court's Canon of Judicial Conduct that prohibited judicial candidates from stating their view on disputed legal or political issues violates the First Amendment (Republican Party of Minnesota, et al. v. White, 2002 WL 1378604 (June 27, 2002) Scalia, J. (Stevens, Ginsberg, Souter and Breyer, JJ. Dissenting)).
Case summariesBy Hon. Terrence J. Brady & Alfred M. Swanson, Jr.Bench and Bar, July 2002This appears to be the first decision in a court of review to specifically hold that after 30 days, a case dismissed for want of prosecution (DWP) may be reinstated, and does not require refiling.
Case summariesBy Hon. Michael Kiley & Alfred M. Swanson, Jr.Bench and Bar, May 2002Plaintiff filed a three-count complaint for injunctive relief alleging that defendant was engaged in the unauthorized practice of law (count I), violated the Uniform Deceptive Trade Practices Act (count II), and violated the Consumer Fraud Act (count III).
Case summariesBy Michael Kiley & Alfred M. Swanson, Jr.Bench and Bar, January 2002Former Judge David Shields was convicted in March 1992 of a felony. Shields sought a refund of all of his contributions to the Judges' Retirement System ($113,222.04).
Recent appellate court opinions in briefBy Alfred M. Swanson, Jr.Bench and Bar, October 2000What level of investigation is required to defeat an allegation of ineffective assistance of counsel?
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