Case law

Smeilis v. Lipkis

2012 IL App (1st) 103385 · Appellate Court of Illinois · Mar 23, 2012

At trial, the landlord presented the testimony of professional appraisers to establish the valuation of the property. Id. at 844-45. … The plaintiffs are not rendered immune from judicial estoppel merely because they retained a new medical expert witness who took a view of their case at odds with the view the plaintiffs espoused through their

Russell v. Rici

67 Ill. App. 2d 98 · Appellate Court of Illinois · Jan 21, 1966

The trustee designated by the will never qualified or acted, and the trust was never otherwise activated, although the settlor clearly assigned duties to his trustee. … After qualifying, Harold Parr, as trustee, on March 10, 1959, executed and acknowledged a deed conveying the trust premises to Lawrence and Eleanor Rici, and delivered the same to L. D.

People v. Brown

2024 IL App (3d) 230675 · Appellate Court of Illinois · Nov 21, 2024

Gaskell stated that while he initially thought otherwise, he no longer believed defendant suffered from a qualifying mental disorder because he believed qualifying disorders must predispose defendant to engage … The buttock is not a sex organ, defendant argues, and does not qualify these offenses under the Criminal Code.

Lindorff v. The American Federation of State, County, and Municipal Employees

2015 IL App (4th) 131025 · Appellate Court of Illinois · Feb 3, 2016

The evidence established the structure of medical services within the DOC. At the correctional centers at issue in this case, the vendor, Wexford Health Sources, Inc. … Our supreme court has defined the clearly erroneous standard as follows: “An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety

Quincy Trading Post, Inc. v. Department of Revenue

12 Ill. App. 3d 725 · Appellate Court of Illinois · Jul 5, 1973

The hearing officer added that the auditor’s testimony supported the defendant’s prima facie case which clearly showed the plaintiff’s sales did not qualify as interstate sales exempt from the retailer’s occupation tax. … The manager clearly had authority to direct the auditor to other employees in the course of his audit.

People v. Levendoski

100 Ill. App. 3d 755 · Appellate Court of Illinois · Sep 30, 1981

It is well established that a prior inadmissible confession does not, in and of itself, render any later confession inadmissible. … He was clearly willing to repeat the confession to Wilkerson independent of his comments to Montesanto.

People v. Johnson

32 Ill. App. 3d 36 · Appellate Court of Illinois · Sep 16, 1975

The determination of whether a.witness is qualified to testify as an expert lies within the discretion of the trial court. People v. … Pruitt, 16 Ill.App.3d 930 , 307 N.E.2d 142 . ' ' We find that Lattig’s skill, training and experience qualifies him to be an expert in the area of firearm and ballistic tests.

Gammon v. Edwardsville Community Unit School District No. 7

82 Ill. App. 3d 586 · Appellate Court of Illinois · Mar 26, 1980

The plaintiff, however, continued to express her apprehension and indicated clearly she did not believe that her difficulties with Ladd were over. … See also Gardner, Changing Patterns in Illinois’ School Tort Immunity, 55 Chi.-Kent L. Rev. 605 , 612 (1979).

Kozak v. Retirement Board of Firemen's Annuity & Benefit Fund

99 Ill. App. 3d 1015 · Appellate Court of Illinois · Sep 3, 1981

The benefits provided in this Section shall be paid to all widows who qualified to receive said benefits before the effective date of this amendatory Act and to those widows who qualify after the effective date. … In light of this possibility the Board could have established reserves to meet the contingency.

Smith v. D. R. G., Inc.

30 Ill. App. 3d 162 · Appellate Court of Illinois · Jun 17, 1975

court found (1) that after September 24 and November 26, 1971, the Smiths obtained estimates of redemption which showed them the amounts of money needed to redeem their property from the tax sale; (2) that they had not established … To qualify for the deed, the tax purchaser had to serve the notices provided in sections 263 and 266 of the Act. (Ill. Rev.

People v. Server

148 Ill. App. 3d 888 · Appellate Court of Illinois · Oct 28, 1986

certain behavior which may be symptomatic of the “rape trauma syndrome,” but is not qualified to draw psychological conclusions. … A party challenging the validity of the statute has the burden of establishing a substantial constitutional violation.

Petre v. Cardiovascular Consultants, S.C.

373 Ill. App. 3d 929 · Appellate Court of Illinois · May 30, 2007

A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary, and not based on any of the evidence. … Sullivan very clearly distinguished Wingo because it found that the “precise factual scenario” of communications between a nurse and a physician was not present in that case.

Wisnasky-Bettorf v. Pierce

403 Ill. App. 3d 1080 · Appellate Court of Illinois · Aug 19, 2010

The statute clearly states that the vacancy “may be filled in accordance with the requirements of this [sjection,” meaning all of section 7 — 61. 10 ILCS 5/7 — 61 (West Supp. 2009). … 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.

Fairchild v. Michigan Central Railroad

8 Ill. App. 591 · Appellate Court of Illinois · Jun 14, 1881

If the evidence establishes a valid contract between the parties fixing the amount of the plaintiff’s compensation for taking the deposition in question, such contract must govern, and proof of value, other than that so fixed … He was clearly authorized to take all such steps as were necessary to a proper defense of the suit; among which may fairly be included the suing out of a commission to take the deposition of a non-resident witness, as well

Walker v. Berkshire Foods, Inc.

41 Ill. App. 3d 595 · Appellate Court of Illinois · Aug 19, 1976

App. 3d 509 , 341 N.E.2d 425 , the court stated that its decision in Marcus should not be read as a sweeping repeal of employer immunity, despite the seemingly broad language employed. … Clearly, under the allegations of plaintiff’s complaint, Berkshire occupied a position as plaintiff s employer and no other.

O'Toole v. The Chicago Zoological Society

17 N.E.3d 869 · Appellate Court of Illinois · Aug 28, 2014

for immunity. … "Such close interaction and comprehensive governmental control of a not-for-profit corporation exemplify the characteristics of the type of organization that may be able to qualify for immunity as a 'local public entity

Oscar Mayer & Co. v. Industrial Commission

176 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 1, 1988

Similarly, an employee is also clearly prejudiced in the giving of notice to the employer (see Ill. Rev. … Clearly, benefits are tied to the wage rate being earned on the date of accident. (Ill. Rev. Stat. 1987, ch. 48, par. 138.10.)

Fuqua v. SVOX AG

2014 IL App (1st) 131429 · Appellate Court of Illinois · Aug 11, 2014

However, as Soseman points out on appeal, the circuit court dismissed the claims against him based on the rule that an attorney is entitled to qualified immunity for actions taken by a client pursuant to the … In this case, Fuqua did not allege any facts showing actual malice by Soseman and presented no arguments that overcome an attorney’s qualified immunity privilege.

Ory v. City of Naperville

2023 IL App (3d) 220105-U · Appellate Court of Illinois · Apr 20, 2023

The Tort Immunity Act “grants only immunities and defenses.” 745 ILCS 10/1-101.1(a) (West 2016). … ¶ 29 Further, section 3-102(b) of the Tort Immunity Act provides that a public entity does not have constructive notice of a dangerous condition if it establishes either: “(1) The existence

Mi-Jack Products, Inc. v. Department of Revenue

136 Ill. App. 3d 721 · Appellate Court of Illinois · Sep 12, 1985

A person claiming an exemption from taxation has the burden of proving clearly that he comes within the statutory exemption. … Rather, the key to our determination is establishing what is meant by “transportation vehicles.”