Case law

Bazydlo v. Volant

264 Ill. App. 3d 105 · Appellate Court of Illinois · Jun 28, 1994

Peterson stated that she had two stacks of absentee ballots in front of her but could clearly recall initialing only one stack. … We hold that Volant has established by clear and convincing evidence an unchallenged inference that the uninitialed ballots were cast by absentee voters and that the initialing requirement does not contribute to the integrity

Lalvani v. Illinois Human Rights Comm'n

Appellate Court of Illinois · Jul 30, 2001

Barbano is clearly distinguishable from the case at bar. … Here, the evidence clearly supports the existence of legitimate, nondiscriminatory reasons for the hospital's decision, including the hospital's stated reason that Lalvani was less qualified than Simms.

Diefendorf v. City of Peoria

Appellate Court of Illinois · Nov 3, 1999

They argue that the map provides further evidence that bicyclists are permitted, but not intended, because the map establishes routes upon streets, and not upon sidewalks. … Finally, the defendants argue that the lack of markings or physical signs describing the sidewalk as a bicycle route clearly shows Peoria's lack of intent to make it such.

Foster v. Alex

213 Ill. App. 3d 1001 · Appellate Court of Illinois · May 28, 1991

Reliance is clearly required in a claim of negligent misrepresentation. On that point, we affirm the circuit court. However, we find it necessary to comment on the use of the qualifying term “justifiable.” … But, in the context of this case, “justifiable” merely calls for the plaintiff to establish that which he is already required to establish in order to, bring his claim — that defendant is a person who is in the business of

Cook County Sheriff Sheahan v. Bianchi

296 Ill. App. 3d 310 · Appellate Court of Illinois · Apr 24, 1998

A passing score was established to be a minimum of 57 correct answers. … The sheriff took the position that when an employee was clearly shown not to have been properly certified, that employee could be fired at will, without a hearing. Vanko, 278 Ill. App. 3d at 303 .

Selof v. Island Foods, Inc.

251 Ill. App. 3d 675 · Appellate Court of Illinois · Nov 5, 1993

was motivated by unlawful considerations, that is, the discharge was in contravention of a clearly mandated public policy ( Fellhauer v. … It is possible that under qualifying circumstances a recovering alcoholic or substance abuser may conceivably have a statutory cause of action based on disability or handicap under State (see, e.g., Habinka v.

People v. Brown

2014 IL App (4th) 120887 · Appellate Court of Illinois · Nov 25, 2014

The letter from his trial counsel attached to his postconviction petition clearly demonstrates he was advised of the incorrect sentencing range. … Again, for first-stage purposes, a defendant need only establish it is arguable he was prejudiced. DuPree, 397 Ill.

Nelson v. Quarles and Brady, LLP

997 N.E.2d 872 · Appellate Court of Illinois · Sep 30, 2013

This result, plaintiff contends, would have made Curia a majority owner and was “clearly contrary to the terms of the option.” … ¶ 42 The court also was clearly disturbed by the fact that Goldstein had engaged in fraud and felt compelled to point this out in its section 2-619 analysis: “The courts of Illinois have a long-established

People v. O'Neal

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

and to qualify him for a life sentence under the habitual criminal statute constituted improper double enhancement. … An exception to this general rule arises where “the legislature clearly intends to enhance the penalty based upon some aspect of the crime and that intention is clearly expressed.” People v.

In re M.T.

2025 IL App (1st) 232134 · Appellate Court of Illinois · Feb 21, 2025

ANALYSIS ¶ 27 The Act establishes a two-step process for determining whether a minor should be made a ward of the court: (1) the adjudicatory hearing, where the trial court must decide “ ‘whether the minor is abused, … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.” Z.L., 2021 IL 126931, ¶ 61.

Benison v. Silverman

233 Ill. App. 3d 689 · Appellate Court of Illinois · Aug 4, 1992

the court held that the trial court erred in allowing an investigating officer, who had not been disclosed pursuant to Rule 220, to testify as an expert without prior disclosure because the questions posed to the officer clearly … “Once it is established that the witness is licensed to practice within the same school, it is up to the court to determine whether that person has sufficient education, training, and experience to qualify as an expert regarding

Dayan v. McDonald's Corp.

125 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 16, 1984

Clearly, Maycock satisfied Dayan’s request for a French-speaking operations man to run his training program. … To suggest, as plaintiff does, that an opposite conclusion is clearly evident is totally without merit.

Jacobson v. Board of Education

Appellate Court of Illinois · Mar 29, 2001

The Board filed a second motion to dismiss on the grounds that plaintiffs' claim was barred by the Local Governmental and Governmental Employee Tort Immunity Act (the Tort Immunity Act) (745 ILCS 10/1-101, et seq . … Plaintiffs responded that their cause of action sounded in contract and, therefore, the Tort Immunity Act was inapplicable.

People Ex Rel. Thomas v. Board of Education

40 Ill. App. 2d 308 · Appellate Court of Illinois · Jan 29, 1963

The record clearly shows that all the provisions of the School Code with respect to dismissal of probationary teachers were observed. … Under the circumstances, the court concluded that she was professionally qualified to receive the benefits of the Tenure Act, and that the receipt of the final letter referred to established that she had a tenure status.

Holten v. Syncreon North America, Inc.

432 Ill. Dec. 510 · Appellate Court of Illinois · May 31, 2019

Moreover, plaintiff contends, Android failed to establish the existence of a borrowed-employee relationship and thus was not entitled to immunity under the Act. ¶ 31 A. … ¶ 45 In reversing, we rejected Exelon’s argument that it was entitled to immunity as the agent of ENS, because Exelon failed to establish that ENS had any right to control Exelon. Id. ¶ 9.

Kelley v. Department of Labor

160 Ill. App. 3d 958 · Appellate Court of Illinois · Sep 4, 1987

The record here shows that for 15 consecutive years plaintiff had established a pattern of seasonal employment as a crossing guard. … In addition, the record clearly shows that, as in the past, she intended to return to her crossing-guard position in the fall of 1985.

Chicago Teachers Union v. Illinois Educational Labor Relations Board

334 Ill. App. 3d 936 · Appellate Court of Illinois · Oct 24, 2002

Where the agency’s findings present a mixed question of law and fact, we apply the clearly erroneous standard of review. AFM Messenger Service, Inc. v. … Instead, the grievance alleged, the Board of Education assigned Greenburg to teach second grade and assigned a less senior and less qualified teacher to the pre-kindergarten class.

Bonhomme v. St. James

407 Ill. App. 3d 1080 · Appellate Court of Illinois · Mar 10, 2011

She also contracted a recurring infection known as MESA (multidrug resistant staphylococcus aureus) because her immune system was so weakened. … Clearly, these are economic losses alleged to have resulted from defendant’s misrepresentations.

Kurti v. Fox Valley Radiologists, Ltd.

124 Ill. App. 3d 933 · Appellate Court of Illinois · Jun 6, 1984

A statement, although technically true, may nevertheless be fraudulent where it omits qualifying material, for a half-truth is sometimes more misleading than an outright lie. (Perlman v. Time, Inc. (1978), 64 Ill. … The release clearly and unequivocally permits plaintiff to engage in his professional activities without restriction as to the identity of any future employer or place of employment; resort to extrinsic evidence should not

Shah v. Human Rights Commission

192 Ill. App. 3d 263 · Appellate Court of Illinois · Dec 15, 1989

His complaint alleges facts which, if true, establish a basis for a discrimination charge. … We also agree that the prerequisites for establishing a prima facie case of handicap discrimination are nonexistent in this case, since Shah’s alleged handicap is clearly related to the adequate performance of his job as