Case law

Midwest Palliative Hospice and Care Center v. Beard

430 Ill. Dec. 178 · Appellate Court of Illinois · Feb 25, 2019

ANALYSIS ¶ 12 The issue in the case is whether Midwest qualifies for a property tax exemption. … The legal precepts must then be applied to the facts established at the administrative hearing, so we review the Department of Revenue’s decision to deny a property tax exemption under the clearly erroneous

Aries Healthcare of Illinois, Inc. v. Department of Public Aid

324 Ill. App. 3d 656 · Appellate Court of Illinois · Sep 10, 2001

Scope of Review Procedure •3 Riveredge next argues, even if the deadline bars the information in its September 1999 filing, it should have received DSH status because it submitted, prior to July 1, 1999, “raw data” establishing … Section 148.310(b)(1) clearly provides review only of the Department’s add-on calculation.

Evans v. Godinez

2014 IL App (4th) 130686 · Appellate Court of Illinois · Dec 3, 2014

immunity shielded them from liability. … immunity shielded defendants from liability.

State Farm Mutual Automobile Insurance v. Differding

46 Ill. App. 3d 15 · Appellate Court of Illinois · Feb 10, 1977

The issues presented for review are (1) whether Miss Differding qualified for insurance coverage, as a resident of the Differding household; (2) whether the automobile driven by Miss Differding qualifies as a nonowned automobile … One furnished for all purposes and at all times and places would clearly be for regular use.

Yale Club of Chicago v. Dept. of Revenue

214 Ill. App. 3d 468 · Appellate Court of Illinois · May 9, 1991

We do not agree that the failure of an organization to qualify for tax exemption necessarily means that it is primarily a social club, although a purely social club obviously would not qualify. … We conclude, however, that the YCC’s activities are not so clearly related to the educational goals or administrative needs of Yale as to require this court to reverse the Department’s denial of the purchaser’s sales tax

People v. Quinn

Appellate Court of Illinois · Jun 24, 2002

An offer of proof "is not required where it is apparent that the trial court clearly understood the nature and character of the evidence sought to be introduced, or where the question itself and the circumstances surrounding … Most notably for purposes of the present appeal, the Knight court did not establish an absolute rule but, rather, recognized that a qualified privilege does exist at trial for the disclosure of a surveillance location.

Stewart v. Ost

142 Ill. App. 3d 373 · Appellate Court of Illinois · Mar 31, 1986

A motion to dismiss for failure to state a cause of action should not be granted unless “it clearly appears that no set of facts can be proved which will entitle plaintiffs to recover,” and all properly pleaded facts must … Therefore, defendant cannot use his qualified privilege to shield himself from exemplary damages if it is established that he abused the privilege by acting contrary to the interests of the employer.

Boyle v. Manley

263 Ill. App. 3d 200 · Appellate Court of Illinois · May 27, 1994

Contrary to defendant’s position, a review of Chapman’s does not establish that tying the Tiger to the wooden posts was appropriate. … The general principles governing the admission of expert testimony are well established.

Daniels v. Union Pacific Railroad

388 Ill. App. 3d 850 · Appellate Court of Illinois · Mar 9, 2009

Although the Court did not explain what will qualify as a ‘compromis[e] [of] a claimed liability’ it did say that parties may settle ‘[w]here controversies exist as to whether there is liability, and if so for how much.’ … Further, nothing in the record before us establishes that the postrelease repetitive trauma caused the same injuries for which plaintiff released defendant in 1997.

Cullerton v. Du Page County Officers Electoral Board

Appellate Court of Illinois · Aug 7, 2008

law and fact--questions on which the historical facts are admitted, the rule of law is undisputed, and the only remaining issue is whether the facts satisfy a statutory standard--will not be disturbed on review unless clearly … Such restrictions and establishment of the period of time involved are, within constitutional limitations, matters for legislative determination.

Gaffney v. City of Chicago

302 Ill. App. 3d 41 · Appellate Court of Illinois · Dec 4, 1998

IMMUNITY The material in this section is nonpublishable under Supreme Court Rule 23. 166 111. 2d R. 23. IV NEW TRIAL A. … Restatement (Second) § 229(1) & Comment a, at 506. 8 The City admits in its brief to this court that the fact that the City disciplines officers for failing to safeguard their weapons was established at trial and was never

Beasley v. St. Mary's Hospital

200 Ill. App. 3d 1024 · Appellate Court of Illinois · Jul 26, 1990

The rule which has been followed in this State is that when punitive damages are sought, actual malice must be established. (Erickson v. Aetna Life & Casualty Co. (1984), 127 Ill. … Unlike the other defamation counts, counts VII and VIII assume the existence of a qualified privilege.

People Ex Rel. Hopf v. Barger

30 Ill. App. 3d 525 · Appellate Court of Illinois · Jul 15, 1975

As a general rule, the writ will not issue to compel a useless act or to decide questions which no longer exist merely to establish precedent. (Retail Liquor Dealers Protective Association v. … This clearly requires a respecting of confidence so that they may stand on an equal strategic footing with adversary counsel.

By the Hand Club for Kids, NFP, Inc. v. Department of Employment Security

2020 IL App (1st) 181768 · Appellate Court of Illinois · Dec 30, 2020

Here, because the historical facts are established and the issue presented is whether the facts satisfy a statutory standard, the issue is considered a mixed question of fact and law that we will review under the clearly … ¶ 62 This strict baseline standard for establishing entitlement to an exemption is met here with a standard of review of clearly erroneous. This standard is “‘significantly deferential’” to the agency’s decision.

People v. Cartalino

111 Ill. App. 3d 578 · Appellate Court of Illinois · Dec 28, 1982

First, only Bridges introduced evidence which established the unlikelihood of Perkins having met Bridges in the McClurg apartment during the second week of March. … Colgan’s testimony was supported by her April 2, 1979, statement which was given before any immunity was granted.

Nudd v. Matsoukas

6 Ill. App. 2d 504 · Appellate Court of Illinois · Sep 13, 1955

Ann. 64.01-64.21]), removed the husband’s common-law immunity from tort actions instituted by his wife. … “Questions of public policy are primarily for the Legislature.” ’ ” The plaintiffs urge that this court should change long and firmly established rules of law and declare a new public policy for the State.

Hillers v. Boylan

233 Ill. App. 3d 3 · Appellate Court of Illinois · Aug 13, 1992

and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. … This added language clearly did not require per diem assessment of the interest penalty. (Kousins, 229 Ill.

Stavros v. Marrese

323 Ill. App. 3d 1052 · Appellate Court of Illinois · Jun 28, 2001

A plaintiff can prove that a qualified privilege was abused by establishing “ ‘any reckless act which shows a disregard for the defamed party’s rights, including the failure to properly investigate the truth of the matter … Accordingly, we next consider the question whether defendant here may have abused his qualified privilege.

Addison v. Health & Hospital Governing Commission

56 Ill. App. 3d 533 · Appellate Court of Illinois · Dec 27, 1977

She argues that a line of Illinois cases establishes that a statute requiring written notice of suit does not apply to a minor. (See Haymes v. … Although Praznik held the discovery rule applicable to a wrongful death action, the case is clearly distinguishable.

Rojas v. Martell

2020 IL App (2d) 190215 · Appellate Court of Illinois · Feb 2, 2021

At the time, the Health Department operated the following eight clinics, located in two separate buildings: pediatric immunization, adult immunization, refugee, blood work, travel immunization, sexually transmitted … The court found that the “matters presented here are clearly reflective of a question of fact, as the record permits different inferences about whether [p]laintiff was effectively required to leave her job or