Case law

Gray v. National Restoration Systems, Inc.

Appellate Court of Illinois · Apr 16, 2004

This was clearly a ruling that pertained to issues that were no longer before the court, and as such, was improper. … Clearly these paragraphs also dealt with the adequacy of warnings. This was clearly erroneous. As such, we find that the trial court decision was erroneous as it pertains to these paragraphs.

Martin-Trigona v. Gouletas

105 Ill. App. 3d 28 · Appellate Court of Illinois · Mar 23, 1982

Although Trígona concedes that the instant action alleges the same cause of action asserted in his Federal complaint, he contends that the prior Federal adjudication does not operate as a bar under well-established principles … Clearly, had Trigona’s original action been brought in State court, section 24 would have permitted the commencement of the instant action, since there would have been no adjudication on the merits under Supreme Court Rule

Hargadine v. Sharkey

8 Ill. App. 2d 209 · Appellate Court of Illinois · Jan 25, 1956

This clearly distinguishes the Savoie case. … The County thus, by its improvement project, has diverted water which formerly followed established channels onto the plaintiffs’ land.

Winters v. University District Building & Loan Ass'n

268 Ill. App. 147 · Appellate Court of Illinois · Oct 17, 1932

Pendleton, 90 Me. 258 (decided in 1897), the Vermont case, supra, was cited for that part of the opinion which says: ‘The authorities cited for the plaintiff clearly established that if the defendant, without having any lawful … It will be manifest from these examples that immunity from liability for the exercise of a legal right does not rest alone upon the right of competition in trade, but is founded upon the truism ‘that the exercise by one man

Horsehead Corp. v. Illinois Department of Revenue

2018 IL App (1st) 172802 · Appellate Court of Illinois · Dec 19, 2018

We agree with IDOR that the clearly erroneous standard applies, as this case involves a mixed question of law and fact. See AFM Messenger Service, Inc. v. … The catalyst qualifies for the exemption.” 86 Ill. Adm.

Falls v. Silver Cross Hospital and Medical Centers

2016 IL App (3d) 150319 · Appellate Court of Illinois · Feb 15, 2017

Defendant asserts the trial court properly allowed defendant’s motion to dismiss all counts of the second amended complaint. ¶ 26 A section 2-615 motion to dismiss “should not be granted unless it clearly appears … Based on the pleadings, we conclude United Healthcare does not qualify as a health care plan as defined by the HMO Act.

In Re Marriage of Hendry

409 Ill. App. 3d 1012 · Appellate Court of Illinois · May 12, 2011

Loree sought a qualified domestic relations order (QDRO) to enforce the MSA. … However, nothing on page 16 of the document at issue established that Michael was vested and nothing established that Michael knew that he was vested.

People v. Kirkpatrick

70 Ill. App. 3d 166 · Appellate Court of Illinois · Mar 26, 1979

(Jurow, New Data on the Effect of a “Death-Qualified” Jury on the Guilt Determination Process, 84 Harv. L. Rev. 567 (1971).) … Cole (1973), 54 Ill. 2d 401 , 298 N.E.2d 705 ), the record clearly shows that the relationship between the juror and the victim was remote.

Dorman v. Madison County

Appellate Court of Illinois · Aug 7, 2026

Thus, even if the defendants’ actions qualified as a continuing series of torts, the last event in the course of conduct would be the plaintiffs’ firing. … First, the plaintiffs contend that William Mudge’s claimed “statement to law enforcement” privilege is a qualified immunity, and that therefore it presents questions of fact that must go to the jury.

O'DELL v. Dowd

102 Ill. App. 3d 189 · Appellate Court of Illinois · Dec 1, 1981

App. 2d 807 , 263 N.E.2d 708 , but that case is clearly distinguishable. … Clearly, the trial court did not abuse its discretion in finding Siegel sufficiently qualified to testify as an expert in this trial. Nowakowski v. Hoppe Tire Co. (1976), 39 Ill. App. 3d 155 , 349 N.E.2d 578 .

In re Estate of Darlene Allen

Appellate Court of Illinois · May 2, 2006

As such, another qualified physician's concurrence in Dr. … Section 10 also defines qualifying condition: -17- No. 2--04--1205 " 'Qualifying condition' means the existence of one or more of the following

People v. Pirrello

166 Ill. App. 3d 614 · Appellate Court of Illinois · Feb 19, 1988

When Ring asked what the extent of the immunity would be, the State refused to extend immunity beyond any drug transactions on July 23, 1985, and then withdrew its request for immunity entirely. … The hearsay use of Bouma’s testimony was thus clearly not harmless.

Phillips v. Abbott

52 Ill. App. 328 · Appellate Court of Illinois · Oct 28, 1893

language that the persons present could clearly understand that the offense of larceny was not charged or imputed. … We have, however, examined the evidence preserved in the bill of exceptions and find that it was established by the testimony of a number of witnesses that the appellant spoke of the appellee the slanderous words charged,

In Re Application of County Collector for Judgment of Sale Against Certain Lands

131 Ill. App. 2d 509 · Appellate Court of Illinois · Nov 23, 1970

At the hearing on March 19, 1969, Crawford presented testimony to establish that First Lien Co. had waived strict enforcement of the redemption period. James R. … First Lien Co. knew that Crawford had a mortgage on the property and that Crawford was a highly regulated “quasi public institution, chartered to encourage thrift and promote the ownership of homes, with powers and immunities

White v. City of Aurora

323 Ill. App. 3d 733 · Appellate Court of Illinois · Jul 30, 2001

Conversely, the Board contends that the issue presented is a mixed question of fact and law and that its decision must be upheld unless it is clearly erroneous. … Because these are purely issues of statutory interpretation, we will apply a de nova standard of review. •3 Section 3—114.1 of the Illinois Pension Code establishes, inter alla, the right of a police officer to receive a

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.

Nowakowski v. Hoppe Tire Co.

39 Ill. App. 3d 155 · Appellate Court of Illinois · Jun 3, 1976

Defendant further maintains that in view of its business records impeaching plaintiffs testimony, the verdict lacks evidentiary support and is clearly erroneous. … A verdict is against the manifest weight of the evidence when an opposite conclusion is clearly apparent (Purdom v. Swanson (1970), 130 Ill.

People v. Kastman

335 Ill. App. 3d 87 · Appellate Court of Illinois · Oct 28, 2002

To this end, “ ‘ “ [w]here the spirit and intent of the General Assembly in adopting an act are clearly expressed and its objects and purposes are clearly set forth, courts are not bound by the literal language of a particular … Inasmuch as respondent is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See People v.

Mertes v. Village of Mt. Prospect

2024 IL App (1st) 221787 · Appellate Court of Illinois · Mar 27, 2024

The issues in the Village’s appeal are whether the hearing officer clearly erred in concluding that (1) Mertes’s disability was the result of injuries sustained while responding to emergencies, therefore qualifying him … ¶ 27 Often, whether the injury satisfies section 10(b) is not in dispute, and eligibility is established simultaneously with the determination that the injury was catastrophic.

Anderson v. Vanden Dorpel

206 Ill. Dec. 245 · Appellate Court of Illinois · Jan 18, 1995

Thus, plaintiff stresses that any question regarding her ability to follow up on assignments clearly imputes her inability to do her job. … Furthermore, plaintiff maintains that the university’s fundraising results clearly show that she did follow up on assignments.