Case law

Oppenheimer v. Peabody, Houghteling & Co.

270 Ill. App. 240 · Appellate Court of Illinois · Apr 10, 1933

That paragraph is as follows: “In any action, civil or criminal, where the seller or issuer relies for his defense upon any of the exemptions provided for in this Act, the burden of proof to establish such exemption shall … We have examined all the other eases cited by the plaintiff but are clearly of the opinion that none of them is in point and that it would serve no useful purpose to discuss them here.

Davis v. Retirement Board of Policemen's Annuity Fund

30 Ill. App. 3d 318 · Appellate Court of Illinois · Jun 24, 1975

A statute is presumed to be valid and the burden is upon the party challenging the statute to establish its constitutional invalidity. (Jaris v. … Judicial interference in the legislative function of establishing classifications is warranted only where the legislative action is clearly unreasonable.

Johnson v. Bishof

33 N.E.3d 624 · Appellate Court of Illinois · Mar 13, 2015

13  1-13-1122 did not take this patient seriously, and I believe that they also clearly violated patient safety … Wang stated he would expect a reasonably qualified physician under those circumstances to have the patient walk.

Unger v. Metropolitan Life Insurance

103 Ill. App. 2d 150 · Appellate Court of Illinois · Dec 10, 1968

And while it cannot be said this record clearly establishes that a psychoneurosis anxiety state is a mental or nervous disorder, so as to require disclosure under question 6, it is more than clear in our opinion that the … The final contention of defendant, namely that the trial court improperly permitted Bradley to express opinions in the field of medical science which he was not qualified to give, is likewise without merit.

Silverstein v. Brander

317 Ill. App. 3d 1000 · Appellate Court of Illinois · Dec 11, 2000

The judge read into the record the portion of the deposition that he took to establish the lack of familiarity: “Q. … The Cook County Circuit Court Rules of Practice clearly provide for adequate notice to be given to a party before that party is called upon to defend against a motion for summary judgment.

In re Estate of John Schumann

2016 IL App (4th) 150844 · Appellate Court of Illinois · Jan 20, 2017

Lack of standing qualifies as an “affirmative matter” within the meaning of section 2-619(a)(9). Schlenker, 209 Ill. 2d at 461, 808 N.E.2d at 998. … Kuecker, 2012 IL 111443, ¶ 54, 962 N.E.2d 418 (considering a motion to dismiss asserting immunity as a section 2-619 motion, despite its label as a section 2-615 motion). ¶ 15 “The doctrine of standing

Evergreen Real Estate Services, LLC v. Hanover Insurance Co.

2019 IL App (1st) 181867 · Appellate Court of Illinois · Nov 4, 2019

Hanover Insurance argues that the RLTO qualifies as a “local consumer protection law.” … Here, there is room for reasonable disagreement about whether the RLTO qualifies as a “consumer protection law.” ¶ 26 To say that the RLTO is clearly and unequivocally a consumer protection law, we would

In Re Estate of Thomson

139 Ill. App. 3d 930 · Appellate Court of Illinois · Jan 2, 1986

In closing the estate proceedings, the trial court declined to construe the provisions of a testamentary trust established *932 by the will. … Nevertheless, the statute clearly contemplates that the representative will seek court approval prior to paying such fees.

People v. Kirkley

60 Ill. App. 3d 746 · Appellate Court of Illinois · May 2, 1978

While I am not convinced that the Illinois constitutional provision for a prompt preliminary hearing impliedly provides an absolute grant of immunity from prosecution as a sanction for its violation, I am convinced that the … implementing section 7 of article I of the 1970 Illinois Constitution is not only inherently within our power, but mandated by the facts of this case and the failure of the legislature to act in response to an urgent and clearly

Crowley v. The Board of Education of the City of Chicago

2014 IL App (1st) 130727 · Appellate Court of Illinois · May 19, 2014

That presumption was clearly overcome by the evidence. … App. 3d 339 (2002) (upholding residency requirement against privileges and immunities challenge).

Lancaster v. Jeffrey Galion, Inc.

77 Ill. App. 3d 819 · Appellate Court of Illinois · Nov 1, 1979

This, then, is clearly not a case like Struthers v. Jack Baulos, Inc. (1977), 52 Ill. … Although it is true that the plaintiff did not establish this “requirement” it does not appear to us to be an essential element of a cause of action for strict liability in tort.

Hubbard v. Sherman Hospital

292 Ill. App. 3d 148 · Appellate Court of Illinois · Sep 26, 1997

Malachinski did not testify to sufficient experience to qualify him as a surgical expert. Northern Trust, 213 Ill. App. 3d at 407 , again provides guidance. Dr. … A verdict against the manifest weight of the evidence is one that is "palpably erroneous and wholly unwarranted, is clearly the result of passion or prejudice, or appears to be arbitrary, unreasonable, and not based on the

Ford Motor Co. v. Chicago Department of Revenue

2014 IL App (1st) 130597 · Appellate Court of Illinois · Aug 29, 2014

The ordinance plainly and clearly specifies that the tax is triggered by dispensing fuel into a vehicle’s fuel tank, which Ford Motor Company routinely and repeatedly did. … Ford Motor Company was not entitled to the first exemption it claimed. ¶ 17 Similarly, in order to qualify for the third exemption, Ford Motor Company would have to establish that (1) it did not “use” the vehicle

In re Marriage of Hendry

Appellate Court of Illinois · May 12, 2011

Loree sought a qualified domestic relations order (QDRO) to enforce the MSA. … However, nothing on page 16 of the document at issue established that Michael was vested and nothing established that Michael knew that he was vested.

Escarraz v. Escarraz

15 Ill. App. 2d 262 · Appellate Court of Illinois · Oct 22, 1957

The foregoing evidence establishes clearly that the partners entered into the alleged contract and that its material terms were definite and certain. … Here the chancellor taxed the costs in accordance with the recommendations of the master, who knew the interests and the temper of the parties and who was better qualified than anyone else to appraise the respective positions

People v. Hasselbring

21 N.E.3d 762 · Appellate Court of Illinois · Nov 24, 2014

Clearly, Piat’s injuries are of the type contemplated by the Vehicle Code and the supreme court. … We note the jury’s question asked only whether benzoylecgonine qualified as a substance.

Claudy v. Commonwealth Edison Co.

255 Ill. App. 3d 714 · Appellate Court of Illinois · Nov 18, 1993

Clearly, the court has jurisdiction on this issue.” … The court held that the Minnesota rule, which was established in Lambertson v.

Cesena v. Du Page County

201 Ill. App. 3d 96 · Appellate Court of Illinois · Aug 17, 1990

In Portash, the defendant was granted immunity to testify before a grand jury. Thereafter, he was charged with a criminal offense. … Fawell contends that Portash supports his position because the statute in the case at bar also contains an immunity clause.

Gowdy v. Richter

20 Ill. App. 3d 514 · Appellate Court of Illinois · Jun 20, 1974

Since the evidence adduced at trial clearly showed that a certificate for 200 shares of stock had been issued to Mr. and Mrs. … The statute clearly reads that liability is established if either of the findings is correct.

People v. Roti

2 Ill. App. 3d 264 · Appellate Court of Illinois · Nov 9, 1971

In that case the evidence clearly showed that one co-defendant exercised considerably more dominion over the premises than the other, thereby undermining the contention that both were "in control." … We note that a contrary interpretation would virtually immunize a carefully compart-mentalized gambling operation from the sanctions of section 28-3, a result certainly not envisioned by the framers of that statute. • 4 In