Case law

People v. Dawson

32 Ill. App. 3d 594 · Appellate Court of Illinois · Oct 7, 1975

The trial court after a hearing and after consideration of newspaper articles, radio commentaries, and the content of a nationally syndicated magazine determined that the evidence did not establish reasonable ground for fear … offense and the jury by its verdicts clearly rejected his testimony.

People v. Haney

95 Ill. App. 2d 1 · Appellate Court of Illinois · Apr 10, 1968

From all these titles, the qualifying words “intoxicating” or “alcoholic” are conspicuously absent, yet they cause no confusion as to their meaning. Ill Rev Stats (1965), c 43, § 94, et seq. … Clearly at issue, therefore, was the witnesses’ credibility, which is essentially a matter for determination by the trial court. This principle is so well established as to require no citation of authority.

National Boulevard Bank v. Corydon Travel Bureau, Inc.

95 Ill. App. 2d 281 · Appellate Court of Illinois · Apr 15, 1968

Becker is clearly distinguishable from the instant case. As already pointed out, the allegations by defendant Levinson do not directly contradict the terms of the guaranty executed here. … If the condition is extraneous to the unambiguous language of the contract, it may qualify as a condition precedent.” (P 312.)

Settlement Funding, LLC v. Brenston

2013 IL App (4th) 120869 · Appellate Court of Illinois · Oct 1, 2013

The Uniform Qualified Assignments and Annuity Contracts ¶ 10 The University Board executed two uniform qualified assignment release and pledge agreements within the meaning of and subject to the conditions in … Hartford- Empire Co., 322 U.S. 238 (1944) (a rule of equity, firmly established in English practice, effectively states that under certain circumstances, including an after-discovered fraud, relief will

Higginbottom v. Pillsbury Co.

232 Ill. App. 3d 240 · Appellate Court of Illinois · Jul 16, 1992

The court explained in Doyle that because the potential for an employer’s tort liability exists until such time as the statutory immunity defense is established, employers are subject to liability in tort for purposes of … This clearly would have been error, for Kotecki reaffirmed the holding of Doyle that an employer can be held liable for contribution to a third-party plaintiff held liable to a plaintiff/employee in a tort action, regardless

Howle v. Aqua Illinois, Inc.

978 N.E.2d 1132 · Appellate Court of Illinois · Oct 31, 2012

Aqua’s Motion To Dismiss Under Section 2-619(a)(9) of the Code ¶ 27 Regarding count II of the complaint, Howle contends that the “only issue that is disputed and relevant is whether Aqua qualifies as an ‘owner … 2-619(a)(9) of the Code Was Not Based Upon “Affirmative Matter” ¶ 32 In its motion to dismiss, Aqua did not argue that an affirmative matter independent of the complaint, such as immunity

Dundee Township v. Department of Revenue

325 Ill. App. 3d 218 · Appellate Court of Illinois · Oct 15, 2001

Under the Township Code, a township may acquire qualifying tracts of land for open space purposes. 60 ILCS 1/115 — 5 et seq. (West 1998). … The Township is seeking the benefits of the tax-exempt status of the fee and objecting to the tax burden clearly imposed on non-tax-exempt leaseholds. We are not persuaded by the Township’s arguments.

People ex rel. Scott v. Steelco Chemical Corp.

22 Ill. App. 3d 582 · Appellate Court of Illinois · Aug 28, 1974

An evaluation of the record in the instant case clearly establishes that plaintiff’s expert witnesses possess qualifications sufficient to meet the requisites of competency for an expert. … For that reason, the testimony of plaintiff’s qualified expert witnesses should not have been excluded.

Bd. of Trustees of Police Pension Fund of City of Urbana v. Ill. Human Rights Comm'n

141 Ill. App. 3d 447 · Appellate Court of Illinois · Mar 5, 1986

The complaint filed by Tharp with the Commission clearly sets forth such a claim. … The fund is established and maintained pursuant to section 3 — 101 of the Illinois Pension Code (Code) (Ill. Rev.

Willaby v. Bendersky

383 Ill. App. 3d 853 · Appellate Court of Illinois · Jun 25, 2008

Nurse Culver defined the standard of care as “what a reasonably qualified registered nurse would do in the same or similar situation.” … Westlake does not argue Nurse Cloud was not qualified or competent to state her opinion.

Harris v. Adler School of Professional Psychology

Appellate Court of Illinois · Dec 15, 1999

App. 3d 125, 134 , 645 N.E.2d 536 (1994) (courts are ill- equipped to run private colleges and universities, which must be accorded a generous measure of independence and autonomy with respect to the establishment, maintenance … The provision pursuant to this act clearly is merely a reference to the applicability of an already existing law.

Lake County Board of Review v. Property Tax Appeal Board

192 Ill. App. 3d 605 · Appellate Court of Illinois · Dec 28, 1989

Larson did not know if any of the over-50-acre parcels had sought or would qualify for open-space classification. … property regardless of the particular manner in which the property qualifies for open-space valuation.

American Federation of State, County & Municipal Employees v. Schwartz Opinion corrected

Appellate Court of Illinois · Sep 26, 2003

of anti-injunction statutes established in Aluminum Workers International Union v. … The Plaintiff Has a Likelihood of Success on the Merits In the context of an order restraining employer conduct in aid of arbitration, a plaintiff, in order to establish a likelihood of success on the merits, "need only establish

In Re Marriage of Russell

169 Ill. App. 3d 97 · Appellate Court of Illinois · May 4, 1988

in qualifying them in the dispute over custody. … The objectionable material was presented during closing argument and was clearly in violation of established law on the scope of closing argument. (Pool, 118 Ill. App. 3d at 1040 .)

Carrell v. Francona

12 Ill. App. 3d 180 · Appellate Court of Illinois · May 16, 1973

Kasky to be qualified as an expert in determining the causes of fires. Since the determination of whether an alleged expert is qualified is largely within the discretion of the trial judge (Garrett v. S. N. … The uncontradicted testimony of both the plaintiff and the defendant clearly establish these allegations to be fact.

Norris v. National Union Fire Insurance

Appellate Court of Illinois · Oct 17, 2006

While the majority recognized Jones had clearly marked an X in the space for rejecting uninsured motorist coverage, it concluded Jones could not make an informed choice to accept or reject since the offer was not made … It happened in Stallman where the court decided to reconsider the parent-child tort immunity rule. Stallman, 152 Ill. App. 3d at 689.

Elk Grove Rural Fire Protection District v. City of Des Plaines

148 Ill. App. 3d 921 · Appellate Court of Illinois · Jul 18, 1986

The trial testimony established that the District did not employ firefighters. … Specifically, Des Plaines argues that the District could raise additional revenue pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Johnson v. Loyola University Medical Center

Appellate Court of Illinois · Jun 26, 2008

App. 3d 901, 910-11 (1996). “ ‘This is clearly a very difficult standard to meet, limiting the power of the circuit court to reverse a jury verdict to extreme situations only.’ ” Jones v. … This court upheld the entry of a judgment n.o.v. on the basis that the experts’ opinions failed to establish proximate cause.

Kinzer v. Fidelity and Deposit Co. of Maryland

273 Ill. App. 3d 211 · Appellate Court of Illinois · May 16, 1995

Patterson (1992), 154 Ill. 2d 414, 468 , 610 N.E.2d 16 (courts generally refuse to reopen what has been decided, and "a rule established as controlling in a particular case will continue to be the law, as long as the facts … Fidelity also failed to raise this defense until more than nine years after Kinzer filed her original complaint; thus, it was clearly within the trial court’s discretion to deny it as untimely. Turner v.

Snitzler-Warner Co. v. Stein

234 Ill. App. 392 · Appellate Court of Illinois · Oct 7, 1924

If that be so, then Stein by the issuance of said certificate was a legally qualified stockholder of the company, and as such was entitled to purchase increased capital stock of the corporation by the note in question, provided … It is unnecessary to discuss the point, for wherever the burden of proof lay we think the evidence clearly establishes that the securities in question fell in Class “B,” and, therefore, were not subject to the provisions