Case law

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.

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

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.

In re Estate of Poole

Appellate Court of Illinois · Apr 3, 2002

By statutory design, if the mother can qualify as an eligible parent, a biological father could also qualify, despite the fact that he is not married to the mother. … In addition, he could establish a relationship with the child's mother and support the child by supporting the mother. In this case, it appears that Randy could qualify as an eligible parent.

Van Campen v. International Business Machines Corp.

Appellate Court of Illinois · Dec 13, 2001

Since 1989, Van Campen has suffered from an immune deficiency which caused him to be more susceptible to, and ill from, minor illnesses. … We find that the Commission's holdings that Van Campen was not handicapped under the Act and that he failed to make a prima facie case of handicap discrimination were not clearly erroneous.

People v. Arya

226 Ill. App. 3d 848 · Appellate Court of Illinois · Feb 28, 1992

Stat. 1989, ch. 110, par. 8—907(2)), the supreme court stated: “[Ejvery jurisdiction which has recognized a qualified reporter’s privilege has also required a showing, prior to divestiture, that other sources of information … Depending on the jurisdiction, it must be established that: ‘reasonable efforts’ have been made to obtain the information elsewhere [citations]; proof by a preponderance of the evidence establishes the unavailability of less

Favia v. Ford Motor Co.

381 Ill. App. 3d 809 · Appellate Court of Illinois · Mar 31, 2008

He may be qualified in spite of this as an expert. He may be. I don’t know. I want to hear what he says.” … The limits on the scope of their expertise were well established on cross-examination. Deputy Ewing’s testimony identifies more than one contributing cause to the accident. Sgt.

Dusthimer v. Board of Trustees

306 Ill. Dec. 250 · Appellate Court of Illinois · Oct 27, 2006

State universities, such as the University of Illinois, are individually established by the Illinois legislature and draw their funding primarily from State appropriations. … The board is correct that a reviewing court should overturn an agency’s interpretation of its own regulation only if the interpretation is “ ‘clearly erroneous.’ ” Cotter & Co. v. Property Tax Appeal Board, 277 Ill.

People v. Workman

312 Ill. App. 3d 305 · Appellate Court of Illinois · Mar 17, 2000

It is well established that even a layperson is competent to testify regarding a person’s intoxication from alcohol, because such observations are within the competence of all adults of normal experience. … not qualified to give expert testimony on the complex physiological effects that alcohol produces in diabetics.

Klein v. Village of La Grange

93 Ill. App. 2d 318 · Appellate Court of Illinois · Mar 26, 1968

There, the court in striking down the ordinance in the plaintiffs’ favor, delivered the following qualifying remarks: “. . . … The Justices therein, at length, vigorously advocated the repudiation of what they phrased the Kotrich and Hartung pronouncements of “immunity from review” as it was applied to the piecemeal and ad hoc determinations of legislative

People ex rel. McMahon v. Davis

209 Ill. App. 117 · Appellate Court of Illinois · Dec 17, 1917

It was according to well-established practice within the power of the court to entertain a motion to vacate such order, to proceed to determine the rights of the parties from the averments of the information, to pass upon … In hearing and deciding the motion the court was authorized to exercise discretion, but the discretion was not a personal, arbitrary one, but was a sound, judicial discretion, resting upon well established rules of law.

People v. Hesler

39 Ill. App. 3d 843 · Appellate Court of Illinois · Jul 22, 1976

To hold otherwise would permit two or more persons to gain immunity from prosecution on a charge of unlawful possession of narcotics by proving joint possession of drugs. … However, we find that this is not a presentation of facts in detail which clearly suggests entrapment as a defense.

People v. Lovitz

101 Ill. App. 3d 704 · Appellate Court of Illinois · Nov 19, 1981

George Nonte, a qualified firearms expert, testified for the defense as to the operation of the gun. … Giampietro’s supporting affidavit, however, and it clearly raised an issue which must be explored in an evidentiary hearing.

People v. Forthenberry

2024 IL App (5th) 231002 · Appellate Court of Illinois · Jan 5, 2024

The defendant argued that he only returned fire after being fired upon and that there is video from which the defendant cannot be identified that establishes the defendant’s version of events. … As a reviewing court, we are entitled to have the issues clearly defined, pertinent authority cited, and a cohesive legal argument presented. Walters v. Rodriguez, 2011 IL App (1st) 103488, ¶ 5.

In re Nitz

Appellate Court of Illinois · Oct 26, 2000

Both the settlement agreement and the uniform qualified assignment utilize the qualified assignment language of section 130(c)(2)(B) of the Internal Revenue Code. 26 U.S.C. §130 (c)(2)(B) (1994). … Clearly, the provisions were bargained for and cannot be simply discarded or waived." Henderson , 308 Ill. App. 3d at 551-52 . But see Powless , 315 Ill.

Williams v. Anderson

288 Ill. App. 149 · Appellate Court of Illinois · Nov 30, 1936

The trust in its terms must be clearly established. Trubey v. Pease, 240 Ill. 513 ; Banning v. Patterson, 363 Ill. 464 ; Williams v. Chamberlain, 165 Ill. 210 . … Williams, administration was begun upon bis estate in the probate court, an administrator was appointed and qualified, and Anderson turned over to the administrator all the property of Mr.