Case law

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.

People v. Garcia

Appellate Court of Illinois · Nov 5, 2010

Defendant’s own statement, which he claimed was the product of coercion and beaten out of him, clearly distanced himself from the victim. … There, a witness testified concerning the scope of the immunity he was granted. However, the State knew the scope of the immunity was much broader than what the witness described while testifying.

Prater v. J. C. Penney Life Insurance

155 Ill. App. 3d 696 · Appellate Court of Illinois · Apr 22, 1987

In the present case, plaintiff established her prima facie case when she proved that defendant was shot to death by another person. … Falls’ testimony that decedent held nothing in his hands before or after the shooting clearly supports plaintiff.

Illinois Health Care Ass'n v. Wright

206 Ill. Dec. 848 · Appellate Court of Illinois · Dec 1, 1994

An examination of Federal law reveals that identifying a nursing facility that is economically and efficiently operated is clearly a duty of the State. … The trial court refused to qualify Lindner as an expert, stating that it had found Lindner "wanting in this field.”

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.

Kay v. Department of Central Management Services

2024 IL App (1st) 221102-U · Appellate Court of Illinois · Mar 11, 2024

This, as CMS further contends, clearly shows that sovereign immunity applies to suits seeking to hold CMS liable for the Treasurer’s alleged mismanagement of the Pool. … Elaborating further, the court stated that statutes which “use only general terms without an expressed intent to subject the State to liability will not be construed to impair or negate the State’s immunity from suit established

Denton v. Universal AM-CAN, Ltd.

2015 IL App (1st) 132905 · Appellate Court of Illinois · Mar 17, 2015

Universal Am-Can admitted Johnson was acting as a qualified driver on its behalf. … Settling tortfeasors, nonetheless, are immune from suits for contribution. 740 ILCS 100/2(d) (West 2012).

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.)

Niles Township High School District 219 v. Illinois Educational Labor Relations Board

379 Ill. App. 3d 22 · Appellate Court of Illinois · Dec 17, 2007

A decision by an administrative agency on a mixed question of law and fact will not be reversed unless it is clearly erroneous. Schiller, 221 Ill. 2d at 143 . … of his/her other professional duties using [established criteria].

People v. Petitt

245 Ill. App. 3d 132 · Appellate Court of Illinois · May 20, 1993

Section 115 — 10(a)(2) “clearly mandates that the testifying witness hear the child’s remark personally.” (People v. Mitchell (1992), 228 Ill. App. 3d 917, 932 .) … Defense counsel attempted to qualify O’Riordan as an expert to render opinions on sexual abuse syndrome. His motion to qualify O’Riordan was refused by the court.

Smith v. St. Therese Hospital

106 Ill. App. 3d 268 · Appellate Court of Illinois · May 13, 1982

The hospital’s motion for summary judgment alleged that Abel Swirsky, disclosed by plaintiff as an expert witness to establish the standard of care required of this defendant, was not qualified to testify and also relied … Section 58(3) is intended to insure all parties have an opportunity to fairly and equitably prepare their case in advance of trial, and defendants clearly could not be surprised by the testimony of this witness.

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

Rokosik v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago

374 Ill. App. 3d 158 · Appellate Court of Illinois · Jun 1, 2007

Accordingly, we apply the clearly erroneous standard to our review of plaintiffs' appeal. See Barry, 357 Ill. … On the other hand, the third paragraph of section 6-151.1 states that a fireman who develops a certain type of cancer may potentially qualify for an occupational disability benefit and does not require that he establish

People v. Oberlander

109 Ill. App. 2d 469 · Appellate Court of Illinois · Apr 21, 1969

is clearly and prejudicially erroneous. … The record clearly shows, in the case at bar, that the officer was extensively cross-examined about his qualifications to give the opinion testimony.

Hartman v. City of Chicago

343 Ill. App. 103 · Appellate Court of Illinois · Mar 13, 1951

We have heretofore stated the established and definite meaning of the word “Patrolman.” … Plaintiffs ’ interpretation of the meaning and intent of the appropriation ordinance of 1948, is, in our judgment, clearly untenable.

Wenger v. Finley

185 Ill. App. 3d 907 · Appellate Court of Illinois · Jun 27, 1989

The party challenging the constitutionality of legislation bears the burden of “clearly establishing the constitutional violation.” Bernier, 113 Ill. 2d at 227 . … As discussed previously, the chief judge, and not the county treasurer, administers the fund, makes yearly disbursements to qualified DRCs, and establishes rules and standards pertaining to the operation of DRCs within the

People v. Lucas

215 Ill. App. 3d 148 · Appellate Court of Illinois · Jun 18, 1991

They cite that as a fact, one of the facts established at trial. In reality it was shown that the explanation by Mr. Lucas was ludicrous ***. … While the trial court did express a personal belief the supreme court’s decision was incorrect, it clearly stated it was bound by the supreme court’s opinion.

Village of Chatham v. Springfield Airport Authority

2025 IL App (4th) 241112 · Appellate Court of Illinois · May 12, 2025

At issue, therefore, is how to define a qualifying municipality under section 3.1(3). ¶ 14 A. … But this merely demonstrates that if the legislature wanted to include the same language within section 3.1, it clearly knew how to say as much.

People v. Alvidrez

2014 IL App (1st) 121740 · Appellate Court of Illinois · Dec 12, 2014

Thus, he was in no way qualified to render the opinion that defense counsel never asked him for in open court, despite the fact that it may have been in his written report. When the court qualified Dr. … The subject matter here was couched in biomechanical terms that he was clearly not qualified to render and would not have assisted the jury in understanding the evidence or made the question of defendant’s guilt

Stone v. Baldwin

331 Ill. App. 421 · Appellate Court of Illinois · Apr 18, 1947

Clearly, under these circumstances, there was ample justification for the filing of a petition for instructions. … This rule is qualified only by the practice that a court may require as a condition of replacement the payment of fair compensation to the attorney.