Case law

Haag v. Board of Education of Streator Elementary School District 44

2017 IL App (3d) 150643 · Appellate Court of Illinois · Jul 28, 2017

Relevant case law clearly establishes a legislative intent under the Code to distinguish between certified teachers and ESPs and to provide greater protections from lay-offs or reduction of hours to teachers … Absent such express statutory authority, we are not convinced that the Board in the instant matter is precluded from recalling the plaintiffs to any category of positions for which they are qualified, without

Crawford v. Anagnostopoulos

69 Ill. App. 3d 954 · Appellate Court of Illinois · Mar 27, 1979

Monson suggested two possible courses of action: surgical intervention to re-establish flow through the brachial artery or reliance on the development of collateral circulation to establish adequate flow to plaintiff’s forearm … The record clearly indicates, by plaintiff’s own testimony, that defendant did refer her to both a cardiovascular surgeon, Dr. Nennhaus, and a physiatrist, Dr. Spiegler.

State Farm Fire & Casualty Co. v. Martin

296 Ill. App. 3d 466 · Appellate Court of Illinois · May 6, 1998

While his participation in the crimes resulting in death was obviously criminal, it does not clearly follow that Martin expected or intended the deaths. See Taylor v. … The record establishes that Martin did not foresee the deaths or intend any bodily injury or death.

Highcrest Management Co. v. Village of Woodridge

60 Ill. App. 3d 763 · Appellate Court of Illinois · Jun 1, 1978

the *4.75 figure as applicable to an individual unit within the structure but which does not qualify or describe the latter phrase. … structures as collections of individual units expressed in article III with reference to water service fees was intended to be carried over into the section of the ordinance providing for fees for sewer service even though not clearly

Brown v. Illinois State Police

2020 IL App (3d) 180409 · Appellate Court of Illinois · Jan 4, 2021

In addition to establishing many of the facts set forth above, the evidence presented at the hearing can be summarized as follows. ¶8 Brown testified that he was 51 years old, worked as a truck driver, and … The crime of which Brown was convicted in California in 2001 clearly qualifies as a misdemeanor crime of domestic violence.

Euclid Beverage v. Illinois Workers' Compensation Comm'n

2019 IL App (2d) 180090WC · Appellate Court of Illinois · Jun 28, 2019

Based upon the results of the Labor Market Survey, [he] would not be a qualified candidate.” … Thus, the Commission concluded that the claimant was prevented from establishing “what he is capable of earning.” ¶ 42 Based on the foregoing, we cannot say that the opposite conclusion is clearly apparent

People v. Patterson

2018 IL App (1st) 160610 · Appellate Court of Illinois · May 17, 2019

-5- ¶ 24 Due process requires that the proscriptions of a criminal statute be clearly defined. City of Chicago v. … The presence of the limiting language in the recidivist provisions of the Unified Code of Corrections and the absence of that language in the AHC statute establishes that defendant’s claim has no arguable basis

Alexander v. Industrial Comm'n

Appellate Court of Illinois · Jun 30, 2000

Based on the foregoing, the arbitrator, while finding that claimant "clearly cannot return to his prior occupation," concluded that claimant failed to meet his burden of establishing he fell into the "odd-lot" category. … Again, where competing inferences can be drawn, we defer to the Commission unless a contrary conclusion is clearly apparent. We cannot say so here.

Beverage v. Ill. Workers' Comp. Comm'n

429 Ill. Dec. 517 · Appellate Court of Illinois · Feb 25, 2019

Based upon the results of the Labor Market Survey, [he] would not be a qualified candidate." … Thus, the Commission concluded that the claimant was prevented from establishing "what he is capable of earning." ¶ 42 Based on the foregoing, we cannot say that the opposite conclusion is clearly apparent regarding the Commission's

Stewart v. Thrasher

242 Ill. App. 3d 10 · Appellate Court of Illinois · Mar 25, 1993

Rather, Warf testified he would have checked box “D” on the form, and recommend the building be examined by a qualified building expert. … Our review of the evidence does not clearly indicate an opposite conclusion should have been drawn.

Bernardoni v. Industrial Commission

362 Ill. App. 3d 582 · Appellate Court of Illinois · Dec 6, 2005

In some respects, claimant did not qualify for such a diagnosis because one of the criteria is normal pulmonary test results, which claimant did not have. … Vetter was qualified to testify as an expert about causation.

In Re Custody of Dykhuis

131 Ill. App. 3d 371 · Appellate Court of Illinois · Mar 12, 1985

The evidence presented in the instant case clearly did not support these criteria. … Giving a census of the number of people living with a child in the same house does not qualify as sufficient proof of integration.

Senese v. Village of Buffalo Grove

383 Ill. App. 3d 276 · Appellate Court of Illinois · Jun 5, 2008

Thus, as this court has observed: “A literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly set forth … Presumably, however, a report of a crime in progress would generally qualify as an emergency.

Gunn v. Sobucki

352 Ill. App. 3d 785 · Appellate Court of Illinois · Oct 22, 2004

The appellate court concluded that the “decedent’s failure to give the Harans money does not qualify as an ‘event’ under the Act.” Smith, 273 Ill. App. 3d at 876 . … The event at issue in this case — the transfer of possession of the coin collection from Gunn to Robert — was already established and uncontested.

People v. O'Neal

2021 IL App (4th) 170682 · Appellate Court of Illinois · Mar 26, 2021

Specifically, defendant argues he is entitled to a new sentencing hearing where using his two prior Class X felony convictions to both establish an element of the offense of being an armed habitual criminal and to qualify … and that intention is clearly expressed.”

Ayala v. Murad

305 Ill. Dec. 370 · Appellate Court of Illinois · Sep 12, 2006

The party seeking reversal has the burden of establishing prejudice. Israel, 276 Ill. App. 3d at 463 . … The record establishes, however, that Dr.

Johnston v. City of East Moline

338 Ill. App. 220 · Appellate Court of Illinois · Jul 7, 1949

If a municipality in the operation of traffic signals is engaged in a governmental function, then it is immune from tort liability, while on the other hand, if the installation, operation and maintenance of traffic signals … It is safe to say the line between municipal operations that are proprietary and therefore a proper subject of suits in tort, and those that are governmental and therefore immune from such suits, is not clearly defined.

People v. Cisneros

996 N.E.2d 163 · Appellate Court of Illinois · Sep 11, 2013

Next, defendant argues that Gomez’s injuries cannot qualify as great bodily harm because they were not greater and more serious than our supreme court’s definition of injuries qualifying as bodily harm. … Clearly, the supreme court was differentiating battery by bodily harm from battery by insulting or provoking contact.

Nelson v. Chicago Park District

408 Ill. App. 3d 53 · Appellate Court of Illinois · Mar 15, 2011

And clearly, the case before me, [Latin 77] case, the plaintiffs set themselves out as taxpayers. So the requirement of privity is established. … That’s also met clearly.

Kurczaba v. Pollock

252 Ill. Dec. 175 · Appellate Court of Illinois · Dec 27, 2000

This privilege is a qualified privilege (53 C.J.S. Libel & Slander § 99, at 175 (1987)) and is commonly exercised by newspapers, broadcasting stations, and others in the business of reporting news to the public. … While defendant argues that he did not place any “spin” on his report, the addition of the ad was clearly meant to convey something.