Case law

People v. White

122 Ill. App. 3d 24 · Appellate Court of Illinois · Feb 21, 1984

establish the existence of an agreement.’ … The element which is not clearly articulated in these authorities is that the uncharged conspiracy must be factually intertwined with the offense charged.

Western Casualty & Surety Co. v. Walker

84 Ill. App. 3d 129 · Appellate Court of Illinois · May 13, 1980

Blazer argues that the demolition exclusion that is contained on page 1 of the policy is qualified by the provision on page 2 of the policy. … General Accident Fire & Life Assurance Corp. (1972), 53 Ill. 2d 285 , 290 N.E.2d 873 , argues that the exclusionary language on page 1 clearly establishes that there was no coverage for the demolition done by Blazer.

Wisnasky-Bettorf v. Pierce

Appellate Court of Illinois · Aug 19, 2010

The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (a) the name of … So, this would cover the case where you have a... a Primary where a major Party failed to have a candidate qualify for the Primary ballot.

Preuter v. State Officers Electoral Board

Appellate Court of Illinois · Oct 25, 2002

A mixed question of fact and law is reviewed under the clearly erroneous standard. See City of Belvidere , 181 Ill.2d at 205 , 692 N.E.2d at 302 . … As noted above, in this case, the statute at issue is subject to several interpretations; competent legal counsel would have had no way of determining that the Guide was clearly wrong on this point.

Eldred v. McIlheran

164 Ill. App. 227 · Appellate Court of Illinois · May 26, 1911

The character of the property sold, its disposition after the sale, the fact that the purchaser, who never took active possession of the same, was wholly inexperienced and in no way qualified for the conduct and continuation … Tbe fraud charged was thus clearly established and tbe decree of the circuit court is affirmed. Affirmed.

Dent v. Constellation NewEnergy, Inc.

2020 IL App (1st) 191652 · Appellate Court of Illinois · Nov 25, 2020

Constellation also improperly raised the affirmative defense of qualified privilege in its section 2-615 motion to dismiss. … A circuit court should not dismiss a [petition] under section 2-615 unless it is clearly apparent no set of facts can be proved that would entitle the [petitioner] to recovery. [Citation.]

THOMAS M. MADDEN AND CO. v. Department of Rev.

272 Ill. App. 3d 212 · Appellate Court of Illinois · Apr 18, 1995

In Van’s Material Co. the evidence established that four different components, sand, limestone, water, and cement, were put into the mixer drum of a ready-mix truck where they were changed into a new material, ready-mix concrete … As the slip form paver does not manufacture or assemble tangible personal property, we find the paver does not qualify for the manufacturing exemption of the Use Tax Act.

Bowe v. City of Chicago Electoral Board

81 Ill. App. 3d 146 · Appellate Court of Illinois · Feb 29, 1980

The facts in Williams are clearly distinguishable from the present case. In Williams, the objectionable petitions were circulated by three persons and contained approximately 6,000 names. … The court did not, however, establish any minimum or formalized standard of conduct required for substantial compliance with the oath requirement under the Election Code.

Village of Oak Lawn v. Illinois Human Rights Commission

133 Ill. App. 3d 221 · Appellate Court of Illinois · May 16, 1985

To establish a prima facie case, a plaintiff must prove by a preponderance of the evidence that she applied for an available position for which she was qualified, and that despite those qualifications, she was rejected under … Walsh has not established at the outset that she was qualified for the job of a police officer.

Human Rights Commission v. Rockford Township Highway Department

213 Ill. App. 3d 769 · Appellate Court of Illinois · May 8, 1991

Fuzzell argues that the license suspension is irrelevant because the evidence clearly establishes that the Department was unaware of it at the time of the alleged discrimination. … The court held that the claimant had failed to establish a prima facie case of unlawful discrimination and stated: “Walsh has not established at the outset that she was qualified for the job of a police officer.

Moore v. Streit

181 Ill. App. 3d 587 · Appellate Court of Illinois · Apr 13, 1989

The court went on to state as follows: “To adopt the view that punitive damages in such defamation cases were dependent upon the allowance of actual damages, would be to allow a defamer some immunity because of the excellent … The court framed the paramount issue of the case in the following manner: “The present advertisement, as an expression of grievance and protest on one of the major public issues of our time, would seem clearly to qualify

Costiloe v. Allis-Chalmers Corp.

245 Ill. App. 3d 896 · Appellate Court of Illinois · Jun 14, 1993

This is clearly the type of “agreement to the contrary” contemplated by section 1(a)(4). … Clearly, the payment of benefits does not absolve the employer from contribution liability.

Interstate Material Corp. v. City of Chicago

210 Ill. Dec. 421 · Appellate Court of Illinois · Jun 15, 1995

The defendant in Cornelius, the Milwaukee Metropolitan Sewerage District (the District), established an MBE policy in 1978. … Accordingly, the City sets aside a certain percentage of the annual dollar value of all City contracts to qualified MBEs.

Bier v. Leanna Lakeside Property Ass'n

305 Ill. App. 3d 45 · Appellate Court of Illinois · May 19, 1999

The court found that a violation of that statute was not clearly established and that the alleged violation was not the proximate cause of the plaintiffs injury. … Thus, the immunity afforded by the Act does not apply.

Scarpelli v. McDermott Will & Emery LLP

2018 IL App (1st) 170874 · Appellate Court of Illinois · Feb 25, 2019

-5-  historical development, it suffices here to say that the attorney litigation privilege is well established, and very much alive, in our law. … App. 3d at 642 (it affords complete immunity); accord Atkinson, 369 Ill. App. 3d at 832 (it is an absolute privilege).

Hoopingarner v. Stenzel

329 Ill. App. 3d 271 · Appellate Court of Illinois · Apr 15, 2002

Section 2 — 9 of the Act clearly establishes that an agent will only be liable if the agent acts in bad faith. Therefore, there must be some showing that the agent acted in bad faith. … We agree with the trial court that Hoopingarner failed to present evidence to establish bad faith by Stenzel as required by section 2 — 9.

Leone v. Division of Professional Regulation of the Department of Financial & Professional Regulation

2024 IL App (4th) 220753 · Appellate Court of Illinois · Dec 10, 2024

To qualify for payment under this code, direct one-on-one contact between the provider and patient was required. … Our review of the record establishes that the findings of fact - 22 - are supported by the evidence and that the ultimate decision was not clearly erroneous.

People v. Tuson

49 N.E.3d 961 · Appellate Court of Illinois · Feb 22, 2016

However, any belief that defendant may have had that the federal use immunity agreement protected him against state murder charges was unreasonable because his conduct clearly violated the terms of the federal … Murder and attempted murder qualify as prohibited criminal activities, and the record does not show that any federal agent or United States Attorney authorized defendant’s participation in those illegal activities

In Re Marriage of Kehoe and Farkas

359 Ill. Dec. 477 · Appellate Court of Illinois · Mar 16, 2012

The parties clearly agreed upon a formula for calculating the pension apportionment during the time of dissolution. … These differences clearly demonstrate that the judgment in the case at bar was not "silent" in regard to the method of pension apportionment.

Gault v. Sideman

42 Ill. App. 2d 96 · Appellate Court of Illinois · Jun 12, 1963

The gravamen of the action, in each count, is clearly the breach of this duty owing by the defendant to the plaintiff, and not a mere breach of the contract itself.” … We are here talking of a contractual arrangement to be entered into prior to the establishment of the relationship.