Case law

People v. Delaney

2024 IL App (5th) 240231 · Appellate Court of Illinois · May 8, 2024

The sole issue on appeal is whether the charged offense was a qualifying offense as defined in section 110-6.1(a)(1.5). … Nor was it necessary for Rodriguez to determine such issue where the defendant in that case clearly contemplated and used force capable of great bodily harm by driving away while part of an officer’s body was in the vehicle

Lima v. Disney World, Inc.

47 Ill. App. 3d 658 · Appellate Court of Illinois · Mar 30, 1977

Defendant is a Delaware corporation qualified to do business in the State of Florida. … Door County Chamber of Commerce (7th Cir. 1968), 403 F.2d 481 , is clearly distinguishable from the present case.

Schmidt v. Niedert

45 Ill. App. 3d 9 · Appellate Court of Illinois · Dec 30, 1976

A writing qualifies as “other evidence of indebtedness in writing” under section 16 only when one need not resort to parol evidence to establish the vital elements of the agreement. … This principle was delineated clearly in the recent case of Estate of Garrett v. Garrett (1975), 24 Ill.

Sims v. Atkins

456 Ill. Dec. 900 · Appellate Court of Illinois · Sep 7, 2021

To qualify for a waiver of court costs, fees, and charges, a litigant must submit an application that is “sufficient to allow a court to determine whether an applicant qualifies for full or partial waiver of … A trial court’s decision is against the manifest weight of the evidence where the record clearly establishes that -5-  the opposite conclusion was the proper

People v. Popely

36 Ill. App. 3d 828 · Appellate Court of Illinois · Mar 4, 1976

There is essentially no dispute as to the facts established at the hearing on the above motion. … he took her measurements, defendant told her she was not qualified for the job.

Flex v. Department of Labor, Board of Review

125 Ill. App. 3d 1021 · Appellate Court of Illinois · Jun 25, 1984

It is well established that Illinois courts have required that the Act be liberally interpreted to favor the awarding of benefits. (Griffitts Construction Co. v. … Jaudes’ letter clearly indicates that plaintiff’s child suffered severe and disabling injuries at birth.

People v. Roberts

983 N.E.2d 539 · Appellate Court of Illinois · Jan 14, 2013

For a house to qualify as a dwelling, the owners or occupants must reside in the house at the time of the offense or must intend to do so within a reasonable time. … It is well established that “ ‘[a] court is not free to rewrite legislation, or to ignore an express requirement contained in a statute.’ ” People v.

People v. Washington

Appellate Court of Illinois · Aug 24, 2007

Ingram testified at trial only after receiving use immunity from the State. … Barnes was subsequently granted immunity from prosecution in exchange for his agreement to testify.

Thomas v. Page

361 Ill. App. 3d 484 · Appellate Court of Illinois · Oct 20, 2005

Accordingly, the fourth condition for the establishment of a privilege is also satisfied. … There are crucial distinctions between an absolute and a qualified privilege.

People v. Dorsey

2016 IL App (4th) 140734 · Appellate Court of Illinois · Jan 19, 2017

However, this court clearly found the psychological or emotional trauma, standing alone, could support a conviction for home invasion. … He contends “[t]here is no testimony on record to establish that [he] had a conscious objective to cause psychological injury to [Trisha].”

Board of Education of School District No. 150 v. City of Peoria

48 Ill. App. 3d 1051 · Appellate Court of Illinois · May 31, 1977

In Ampersand the supreme court’s opinion noted that the home rule grant was purposely left broad and imprecise and that ultimate construction of the qualifying phrase “pertaining to its government and affairs” was a matter … We are confronted in this appeal with the situation where we have a plaintiff school district, clearly regional both geographically and in the scope of its activities, and the defendant city, being a part of that region,

Kimber v. City of Warrenville

248 Ill. App. 3d 361 · Appellate Court of Illinois · Aug 2, 1993

, through public official immunity, from liability in this case. … Moreover, the facts establish that at the time of the accident Officer Pikolcz had abandoned pursuit.

Kirwan v. Lincolnshire-Riverwoods Fire Protection District

Appellate Court of Illinois · Jun 24, 2004

On March 7, 2001, decedent experienced an allergic reaction to walnuts while at Bar Louie, an establishment in Riverwoods. At 9:26 p.m. a 9-1-1 call was placed. … Taking plaintiff's well-pleaded facts as true, we cannot say that it clearly appears that plaintiff would not be entitled to relief under any set of facts.

American Telephone & Telegraph Co. v. Village of Arlington Heights

174 Ill. App. 3d 381 · Appellate Court of Illinois · Sep 22, 1988

Although the certificate shall not be “construed as granting a monopoly, or an exclusive privilege, immunity or franchise” (Ill. Rev. … Both the Utilities Act and the Telephone Act establish plaintiffs’ right to construct their facilities upon public streets.

Bob Red Remodeling, Inc. v. The Illinois Workers' Compensation Commission

2014 IL App (1st) 130974WC · Appellate Court of Illinois · Feb 10, 2015

It further noted that respondent did not offer any evidence to establish that a job market existed for claimant. … As claimant was following the advice of his own qualified physician, we could not say that his choices were unreasonable.

Murry v. American Federation of State, County & Municipal Employees, Local 1111

305 Ill. App. 3d 627 · Appellate Court of Illinois · May 28, 1999

Where the evidence is found to so establish, an indictment is returned. 725 ILCS 5/112—4(e) (West 1996). … Clearly, respondent Board must assess the sufficiency of the evidence disclosed during its investigation prior to issuing an unfair labor practice complaint.

Smith v. Board of Trustees of the Westchester Police Pension Board

405 Ill. App. 3d 626 · Appellate Court of Illinois · Nov 24, 2010

” -5- 1-09-0917 Langenfeld acknowledged that the pension law made no specific mention of pension spikes but alleged the increase of Smith’s salary qualified as a bonus. … The pension board’s decision to exclude the 2007 holiday pay was not clearly erroneous.

Sobczak v. General Motors Corp.

373 Ill. App. 3d 910 · Appellate Court of Illinois · May 23, 2007

Parameters are established for the operation of the muffler, which is a pass-through vessel. … Further, Sobczak urges, Colver would have established the proximate cause of the fire.

Simmons v. Columbus Venetian Stevens Buildings, Inc.

20 Ill. App. 2d 1 · Appellate Court of Illinois · Feb 4, 1959

, wholesale jewelry establishments, manufacturing jewelers and numerous other retail establishments to which the general public is invited, expressly or by implication, and that the building is visited by thousands of the … Those two ideas have often been so intermingled that it cannot be clearly stated that the court is relying on one or the other of the ideas.

Hubbard v. Sherman Hospital

Appellate Court of Illinois · Sep 26, 1997

It is well established that appendicitis is a common medical condition familiar to all doctors. … The evidence also establishes that Dr. Malachinski was qualified to testify regarding the standard of care Dr. Michelotti utilized when scheduling diagnostic tests and performing the appendectomy procedure.