Case law

Advocate Health & Hospitals Corp. v. Bank One, N.A.

Appellate Court of Illinois · Apr 19, 2004

The statements also clearly establish that the client's signature was notarized, yet they do not indicate that an actual assumption of the client's identity was necessary to gain the notary's endorsement. … We also point out that the documents clearly disclose that the attorney tendered the covenant not to sue bearing the client's forged signature and that the hospital tendered its check, but they do not establish that the notarized

Faculty Ass'n of District 205, IEA-NEA v. Illinois Educational Labor Relations Board

175 Ill. App. 3d 880 · Appellate Court of Illinois · Oct 26, 1988

Section 21—25 requires that a school service personnel certificate shall be issued to only those qualified nurses holding a bachelor’s degree from a recognized institution of higher learning. … The arbitrator’s opinion clearly declared Fox tenured based on an interpretation, right or wrong, of the parties’ contract.

Illini Media Co. v. Department of Revenue

279 Ill. App. 3d 432 · Appellate Court of Illinois · Apr 19, 1996

We find the educational use was clearly established by the record. … If only the identifiable portion of a property is used for an exempt purpose, while the rest of the property is used primarily for a nonexempt purpose (or not at all), only the portion used for the exempt purpose qualifies

Lael v. Warga

155 Ill. App. 3d 1005 · Appellate Court of Illinois · May 21, 1987

Applying Garrett and Ash to the facts of the instant case, we conclude the petitioners clearly and convincingly established John Warga was a habitual drunkard. … Warga’s own statements plus the testimony of his stepchildren, the Fulfers, combined to clearly establish this drinking pattern continued up to the time of the hearing.

A. P. Green Services Division of Bigelow-Leptak Corp. v. Fair Employment Practices Commission

19 Ill. App. 3d 875 · Appellate Court of Illinois · Apr 10, 1974

It should be noted that both Waters and King were qualified bricklayers and had experience in all types of brick work. … It was also established that none of them were black. James Corrado testified for A. P.

People v. MacK

17 Ill. App. 3d 352 · Appellate Court of Illinois · Jan 23, 1974

In the instant case, the facts were clearly set out, and the trial judge ruled on them. Here, the judge simply answered a defense argument. … The trial court is not immune from knowledge of the nature of an area in the city. (People v. Biocic (1967), 80 Ill.App.2d 65 .) In Faltysek v.

People v. Hunley

313 Ill. App. 3d 16 · Appellate Court of Illinois · May 1, 2000

The degree of knowledge or experience necessary to qualify the witness as an expert depends on the complexity of the subject matter and the likelihood of error if the witness is not properly qualified. … To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted. People v. Rogers, 81 Ill. 2d 571 (1980).

Marlowe v. Village of Wauconda

91 Ill. App. 3d 874 · Appellate Court of Illinois · Dec 22, 1980

Clearly, plaintiffs’ building would not meet that test. … It is well established that a post-deprivation hearing can satisfy due process requirements (Goffinet v.

Norwegian American Hospital, Inc. v. Department of Revenue

210 Ill. App. 3d 318 · Appellate Court of Illinois · Feb 21, 1991

The Department of Revenue, on the other hand, argues that Norwegian American has not met its burden of clearly and conclusively establishing that the challenged properties are entitled to tax-exempt status. … If the party seeking the exemption can establish that the property is used primarily for purposes reasonably necessary for the accomplishment and fulfillment of the institution’s objectives and administration, an exemption

Dempsey v. Johnson

69 N.E.3d 236 · Appellate Court of Illinois · Nov 10, 2016

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … an immunity to cover only negligence."

Petkus v. Girzadas

177 Ill. App. 3d 323 · Appellate Court of Illinois · Dec 7, 1988

Decedent clearly exhibited signs of coronary artery disease, and the medical care failed to adequately manage his cardiac condition in the hospital. … Summary judgment may be appropriate where plaintiff fails to establish the standard of care by means of an affidavit or deposition of a doctor.

Lombardo v. Reliance Elevator Co.

315 Ill. App. 3d 111 · Appellate Court of Illinois · Jun 30, 2000

But the failures of the bank and the maintenance company do not establish a defense for WS against plaintiffs claim. Rather, they establish grounds for WS’s counterclaims. … The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified.

Stinson v. Chicago Board of Election Commissioners

407 Ill. App. 3d 874 · Appellate Court of Illinois · Feb 25, 2011

debt of over I600 1 in unpaid traffic tickets and that, when petitioner filed his statement for candidacy under section 10—5 of the Illinois Election Code (10 ILCS 5/10—5 (West 2008)), he was untruthful because he was not qualified … After examining the evidence, the hearing officer held that respondent proved by a preponderance of the evidence that petitioner currently owes the debt, while petitioner failed to establish that the debt was not his.

Frederick v. City of Peoria

203 Ill. App. 486 · Appellate Court of Illinois · Aug 10, 1916

The appellee was 'first appointed as a police officer in November, 1905, and qualified as such officer by giving the bond required by the ordinances of the city, and taking the required oath of office. … It has been clearly settled in this State that the city had no such right. (People v. Bradford, 267 Ill. 486 .)

Thompson v. Gordon

356 Ill. App. 3d 447 · Appellate Court of Illinois · Apr 8, 2005

However, we note that West was a criminal case brought by the State, and as such, liberty interests of the defendant were clearly at stake. … App. 3d at 188 ), the State should have engaged the services of an independent and unbiased Illinois fire investigator, perhaps even licensed, rather than a fire investigator who was so clearly intertwined in conflicts of

Beverly Bank v. Board of Review of Will County

193 Ill. App. 3d 130 · Appellate Court of Illinois · Feb 15, 1990

The findings of fact contained in the written order of the trial court set forth clearly the history of this action. … In addition, petitioners’ evidence clearly established that Pollack and Weis, each with 28 years’ experience in real estate tax law, were entitled to the “senior litigator” rate of $195 per hour; that Gubbins (a 1975 law

Collins v. Superior Air-Ground Ambulance Service, Inc.

338 Ill. App. 3d 812 · Appellate Court of Illinois · Apr 29, 2003

Superior also claimed that plaintiffs claim against it was barred based on the immunity provision set forth in the Emergency Medical Services (EMS) Systems Act (EMS Act) (210 ILCS 50/3.150 (West 2000)). … The trial court never reached Superior’s immunity argument.

Stalzer v. Village of Matteson

14 Ill. App. 3d 891 · Appellate Court of Illinois · Oct 1, 1973

Curtis, Jr., a duly qualified real estate appraiser and consultant. … Defendant called Herman Tieri, a licensed broker and realtor, also qualified as an appraiser.

Forbes v. Board of Education of the New Berlin Community Unit School District No. 16

2021 IL App (4th) 190902-U · Appellate Court of Illinois · Jan 6, 2021

¶ 25 Here, while section 8-101 of the Tort Immunity Act establishes a one-year limitations period for actions filed against local public entities, it is clear the legislature, in section 13-202.2 of the Civil … App. 3d at 1002 (“In using this language, the legislature clearly intended section 13-202.2 of the [Civil] Code to control over other provisions of law, such as section 8-101 of the Tort Immunity Act, which would otherwise

Mahan v. Marion Police Pension Board

2023 IL App (5th) 210426 · Appellate Court of Illinois · Feb 3, 2023

Mahan indicated that if he did not regain feeling in his hand, he did not intend to further qualify with a firearm each year. … Mixed questions of law and fact are reviewed under the clearly erroneous standard. Wade, 226 Ill. 2d at 505.