Case law

Michigan Avenue National Bank v. County of Cook

306 Ill. App. 3d 392 · Appellate Court of Illinois · Jun 30, 1999

No evidentiary facts established that fibrocystic disease was treatable or that any of the defendant medical professionals had undertaken treatment of that condition on October 22, 1986. … Finally, the legislature used the words "undertaken to prescribe" in subsection (c), and "administering any treatment" in subsection (d). 745 ILCS 10/6-106 (c), (d) (West 1996) The legislature's use of such language clearly

Clifton, Gunderson & Co. v. Richter

158 Ill. App. 3d 789 · Appellate Court of Illinois · Jul 31, 1987

Through his competition, the employee clearly is injuring the firm and its established client relations. … Given the firm’s protectable interest in the clientele with which it apparently had established long-term individual relationships, irreparable injury caused by the employee’s establishment of a competing business to solicit

Dunnigan v. Ellis

162 Ill. App. 185 · Appellate Court of Illinois · May 26, 1911

O’Connors et al., ante, p. 108, fully sets forth the requirements necessary to be established in cases of this character and clearly distinguishes between actions brought by reason of injuries caused by an intoxicated person … The witness qualified and was competent to testify as an expert, and it was for the jury to determine the weight to be given to his testimony.

People v. Miller

20 Ill. App. 3d 1061 · Appellate Court of Illinois · Jul 3, 1974

Whether one not qualified as an expert may given an opinion on the identity of fingerprints. b. Whether the court erred in admitting hearsay to establish the identity of the fingerprints in People’s Exhibit #3. c. … Whether the trial court committed plain error in admitting into evidence a police booking card which clearly indicated prior criminal activity by the defendant. 3.

Taylor v. State Universities Retirement System

203 Ill. App. 3d 513 · Appellate Court of Illinois · Jul 12, 1990

SURS contended Taylor was seeking a money judgment against the State, in violation of the doctrine of sovereign immunity. … SUES maintains a circuit court money judgment against SUES, in the amount of the fees which Taylor claims, would violate the doctrine of sovereign immunity.

Clark Oil & Refining Corp. v. Golden

114 Ill. App. 3d 300 · Appellate Court of Illinois · Apr 22, 1983

Opinion Plaintiff first contends that defendant failed to establish a prima facie case of race discrimination. … In each case, the complainant must present evidence that he was qualified for the position in question.

People v. C.B.

308 Ill. App. 3d 227 · Appellate Court of Illinois · Oct 19, 1999

The State contends that section 2 — 18 (4) (a) of the Juvenile Court Act is immune from the requirement that writings speak for themselves based upon language contained in the statute that states, “All other circumstances … We cannot say that the opposite conclusion is clearly evident from the record or that the trial court’s conclusion is unreasonable, arbitrary, and not based on the evidence presented.

Northern Trust Co. v. Continental Illinois National Bank & Trust Co.

43 Ill. App. 3d 169 · Appellate Court of Illinois · Oct 13, 1976

The Chicago Foundation was, in fact, a qualified charitable organization under section 501(c)(3). … Here, the trustees clearly exercised their discretion by nominating various charities for grants.

Sardiga v. Northern Trust Company

Appellate Court of Illinois · Mar 15, 2011

In order to prevail under the Act, it is the plaintiff who must establish that his employer retaliated against him for his refusal to participate in a qualifying activity. 740 ILCS 174/20 (West 2004). … The record does not clearly establish that Hines misrepresented or concealed material facts or that he knew at the time he made the representations that they were untrue.

Cunningham v. Yazoo Manufacturing Co.

39 Ill. App. 3d 498 · Appellate Court of Illinois · May 31, 1976

The witness had clearly established his expertise as to safety engineering and design of agricultural equipment, including riding mowers, and had conducted various tests, including braking tests, on this particular mower. … Both of these errors in excluding evidence were clearly prejudicial to plaintiff.

Muldrow v. Barron

2021 IL App (1st) 210248 · Appellate Court of Illinois · May 10, 2021

“It is well established under Illinois law that the conclusion of an election cycle normally moots an election contest.” … A mixed question of fact and law is subject to the clearly erroneous standard of review and is one in which “the historical facts are admitted or established, the controlling rule of law is undisputed, and the

Golf Trust of America, L.P. v. Soat

355 Ill. App. 3d 333 · Appellate Court of Illinois · Jan 18, 2005

This testimony clearly shows that the 1999 reassessment was done to revise and correct the general reassessment that had not been completed by the township assessor. … We answer this question in the affirmative, and we conclude that there was insufficient evidence to clearly and convincingly establish a violation of equal protection in the valuation of objectors’ property.

People v. Bryant

131 Ill. App. 3d 1011 · Appellate Court of Illinois · Apr 1, 1985

On the other hand, the test set forth in Cramer is clearly met in this case. … The witness was clearly qualified to comment upon his own analyses. The limited number of samples analyzed by Marcouiller affected the weight and not the competency of his testimony.

Eads v. Heritage Enterprises, Inc.

325 Ill. App. 3d 129 · Appellate Court of Illinois · Sep 26, 2001

Moreover, plaintiff must attach “[a] copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing … Specifically, section 3 — 609 provides: “Any person, institution or agency, under this [a]ct, participating in good faith in the making of a report, or in the investigation of such a report[,] *** shall have immunity from

Cleary v. Philip Morris, Inc.

312 Ill. App. 3d 406 · Appellate Court of Illinois · Mar 17, 2000

It has no office, place of business, mailing address, bank account, telephone listing, real estate or personal property in Illinois, does not pay taxes of any kind in Illinois, is not licensed or qualified to do business … To reject the conspiracy in all cases has the effect of giving those outside Illinois who have perpetrated an Illinois tort through the agency of others a potentially unfair immunity from suit.

Heying v. Simonaitis

126 Ill. App. 3d 157 · Appellate Court of Illinois · Jun 29, 1984

Initially, we note that a complaint for defamation must clearly identify the specific defamatory statement complained of. … Clearly the conduct complained of is not so outrageous in degree as to extend beyond all possible bounds of human decency.

People v. Hoffstetter

203 Ill. App. 3d 755 · Appellate Court of Illinois · Aug 17, 1990

However, the evidence presented at trial did not establish that Ms. Rose was an accomplice. … Sergeant Terry stated that he had heard the voice exemplar tape and that while the defendant appeared to use “different pitches and tones,” it was “clearly [the defendant’s] voice.”

In re Zachary G.

2021 IL App (5th) 190450 · Appellate Court of Illinois · May 25, 2021

Thus, section 5-810 reflects the legislature’s intent to show minors who qualify for the application of the statute greater leniency than minors who qualify for discretionary transfer, while still providing … However, in a proceeding to designate a case as an EJJ prosecution, once the State establishes the juvenile’s age as being 13 years or over, that the alleged violation would be a felony offense in adult court

Kaltsas v. City of North Chicago

160 Ill. App. 3d 302 · Appellate Court of Illinois · Aug 12, 1987

State Board of Elections (7th Cir. 1975), 518 F.2d 517 , wherein the United States Court of Appeals for the Seventh Circuit struck down an Elinois statute which required 25,000 signatures of qualified voters, not more than … We have previously determined in this case that the right to an elective franchise is not involved in this case, but rather the prerogative of the State to establish municipal boundaries.

Baltus v. Weaver Division of Kidde & Co.

199 Ill. App. 3d 821 · Appellate Court of Illinois · Jun 7, 1990

THE NEED FOR EXPERT TESTIMONY Clearly, the parties and the trial court assumed the need for expert opinion as to the allegedly dangerous condition of the jack. … We conclude that Baltus cannot establish a breach of the standard of care in this case without expert testimony. The final point for our consideration, therefore, is whether he is qualified to give expert testimony.