Case law

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  • John's Pro-Tree Service, Inc. v. Village of Dolton

    2026 IL App (1st) 250027-U · Appellate Court of Illinois · Jan 29, 2026

    Each part shall also clearly show the points or grounds relied upon under the Section upon which it is based.” Id. … or certain other evidentiary materials” establishing that it was immune.

    Cited 0 timesUnpublished
  • People v. Mallek

    284 Ill. Dec. 734 · Appellate Court of Illinois · May 14, 2004

    Defense counsel then tendered a copy of the report to the court, commenting that the report found the defendant “fit and not qualified for an insanity defense.” … The trial judge noted that it had not been established by the evidence that one could pay for merchandise other than cigarettes or money orders beyond the checkout lanes.

    Cited 0 timesPublished
  • Darling v. Charleston Community Memorial Hospital

    50 Ill. App. 2d 253 · Appellate Court of Illinois · Jun 30, 1964

    Compere is highly qualified. Colonna is authoritative. … Tbe trust funds of a charitable corporation are immune from liability for tbe torts of tbe corporation; except as to its trust funds, though, it is liable: Moore v. Moyle et al. (1950), 405 Ill 555, 92 NE2d 81 .

    Cited 71 timesPublished
  • Studt v. SHERMAN HEALTH SYSTEMS

    387 Ill. App. 3d 401 · Appellate Court of Illinois · Dec 23, 2008

    Galluzzo, 77 Ill. 2d 279, 282 (1979) (“In medical malpractice suits, the plaintiff must establish the standard of care through expert testimony”); Walski v. … A reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant. Schultz v.

    Cited 4 timesPublished
  • Cadral Corp. v. Solomon, Cordwell, Buenz & Associates, Inc.

    147 Ill. App. 3d 466 · Appellate Court of Illinois · Sep 3, 1986

    Final prices were established as of May 5, 1975. Once the prices were set, they were never lowered. … A verdict is contrary to the manifest weight of the evidence when the opposite conclusion is clearly apparent or the verdict is palpably erroneous and clearly unwarranted. (Lode v. Mercanio (1979), 77 Ill.

    Cited 10 timesPublished
  • Morales v. Herrera

    2016 IL App (1st) 153540 · Appellate Court of Illinois · Feb 15, 2017

    Furthermore, section 5(a) renders coemployees immune from a common law negligence action. Ramsey v. Morrison, 175 Ill. 2d 218, 224 (1997). … Even if the foregoing factors are established, however, the party’s conduct may reflect inadvertence, rather than an intent to deceive. Id.

    Cited 7 timesPublished
  • Church of the Little Flower v. US Bank

    979 N.E.2d 106 · Appellate Court of Illinois · Nov 5, 2012

    If the trust instrument’s language clearly expresses that intent, then we will adhere to that language unless contrary to law or public policy. Id. … Clearly, as US Bank contests this action aimed at terminating the trust, the cited provision of the Charitable Trust Act does not apply.

    Cited 6 timesPublished
  • Napleton v. Ray Buick, Inc.

    302 Ill. App. 3d 191 · Appellate Court of Illinois · Dec 11, 1998

    as in Section 2 of Article IV provided with respect to determination of the adjusted Basic Rent, or by a sole appraiser likewise selected and qualified as in Section 2 of Article IV provided. … While the affidavits may establish that the parties intended something other than what the language in the contract suggests, the statements of these individuals do not establish a latent ambiguity allowing the court to rely

    Cited 6 timesPublished
  • Garland v. Sybaris Club International, Inc.

    2014 IL App (1st) 112615 · Appellate Court of Illinois · Dec 17, 2014

    Knudson was responsible to ensure a qualified aircrew was flying the airplane. Either he knew Mr. Turek was not qualified, or he did not check Mr. Turek’s qualifications. Either way, he was negligent. … Levinson was a Certified Flight Instructor, and as such, clearly understood currency requirements.

    Cited 6 timesPublished
  • People v. Valdez

    2015 IL App (3d) 120892 · Appellate Court of Illinois · Sep 29, 2015

    Thus, even if federal case law clearly establishes that theft and residential burglary are “crimes of moral turpitude” (as the majority asserts), it is not clear that the particular offense charged in this case … Because the removal statute at issue in this case does not clearly establish that the crime to which the defendant pled guilty was a deportable offense, I dissent from the majority’s judgment.

    Cited 10 timesPublished
  • In re Marriage of Jones

    2024 IL App (2d) 240229-U · Appellate Court of Illinois · Oct 15, 2024

    Thus, as Rule 909 explains clearly what it means by “recommendation,” we have no occasion to consult a dictionary. … 2022)(speaking to immunity of permissive reporter ).

    Cited 0 timesUnpublished
  • Equistar Chemicals, L.P. v. BMW Constructors, Inc. Modified on Denial of Rehearing - replaces opinion filed 3/26/04

    Appellate Court of Illinois · Nov 3, 2004

    Accordingly, BMW’s immunity to suit by Wood does not bar Equistar’s contribution claim against BMW. … So while the case clearly established the principle, it does not address the particular fact situation with which we are faced.

    Cited 0 timesPublished
  • Wilson v. Board of Education

    137 Ill. App. 187 · Appellate Court of Illinois · Nov 11, 1907

    Their relation to the sdiool board is that of pupils of the school,without any qualifying distinction. The regulation of the conduct of all the pupils is conserved by the rules. … Whenever such rules are not clearly so unreasonable as to be without the sanction of legal authority, they will be upheld by the courts.

    Cited 1 timesPublished
  • Kendrick v. Standard Oil Co.

    81 Ill. App. 2d 176 · Appellate Court of Illinois · Mar 23, 1967

    The United States moved to dismiss on the grounds of sovereign immunity. Its motion was granted and it then asked, and was given leave, to intervene. … The United States answered that their petition was not timely and that the petitioners failed to qualify for intervention under section 26.1 of the Civil Practice Act. (Ill Rev Stats 1963, c 110, § 26.1.)

    Cited 6 timesPublished
  • Blacke v. Industrial Commission

    268 Ill. App. 3d 26 · Appellate Court of Illinois · Nov 28, 1994

    A written document qualifies as "other evidence of indebtedness” when one need not resort to parol evidence to establish the vital elements of the agreement and when the document is of the same nature as those written instruments … But, the decision of the Commission here clearly evidences indebtedness on the part of employer and certainly does not need parol evidence to establish its elements.

    Cited 13 timesPublished
  • Mammina v. Homeland Insurance

    291 Ill. App. 238 · Appellate Court of Illinois · Jun 30, 1937

    The defendant calls our attention to the evidence which appears to establish the fact that the plaintiff’s truck collided with the train and subsequently caught fire and burned. … The defendant seeks to qualify the opinion of the court in Insurance Co. v.

    Cited 0 timesPublished
  • People v. Legel

    24 Ill. App. 3d 554 · Appellate Court of Illinois · Dec 18, 1974

    The facts, as related, clearly show that defendant made no attempt to preserve his activities as private. … We find that, under the instant circumstances, defendant’s dining room qualifies as a public place within the meaning of the statute. See People v. Baus, 16 Ill.App.3d 136, 138 (1973).

    Cited 21 timesPublished
  • People v. Robert S.

    341 Ill. App. 3d 238 · Appellate Court of Illinois · Jun 30, 2003

    However, it is well established that when a party acquiesces in proceeding in a certain manner, he cannot later complain of prejudice on appeal. Hill v. … Respondent argues, however, that allowing a “designee” to administer the medications runs contrary to established case law. See In re Jennifer H., 333 Ill.

    Reversed in part, on other grounds by Poeple v. Robert S., 213 Ill. 2d 30 (2004)Cited 10 timesPublished
  • Hartwig Transit, Inc. v. Menolascino

    113 Ill. App. 3d 165 · Appellate Court of Illinois · Feb 18, 1983

    Moreover, the explanation suggested by plaintiff does not support his argument, for it clearly refers to the effect of subordination in general, rather than qualifying the sublessor’s right to require execution of an instrument … Because this right is lost if defendant signs the amendment, that aspect is clearly a modification.

    Cited 23 timesPublished
  • People Ex Rel. Board of Trustees of Chicago State University v. Siemens Building Technologies, Inc.

    387 Ill. App. 3d 606 · Appellate Court of Illinois · Dec 24, 2008

    However, the State’s contention that section 35 “is clearly the ‘true up’ where the documented savings are compared with the annual payment and the provider is required to ‘pay the difference’ ” is not what the statute provides … Qualified providers means people that are qualified, yes, to do the energy conservation work, but we also want qualified lenders. We clarify this in the bill.

    Cited 2 timesPublished

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