Case law

Village of Roselle v. Board of Trustees of the Roselle Firefighters' Pension Fund

196 N.E.3d 1091 · Appellate Court of Illinois · Dec 28, 2021

Case had clearly proved both that he was disabled and that the September 2016 injury led to his disability. … His pre- and post-injury MRIs objectively established a disabling condition that did not exist before he was hired, and there was no real dispute as to the event that caused that disability.

People v. Black

974 N.E.2d 231 · Appellate Court of Illinois · May 17, 2012

First, the court stated that defendant’s request that N.N. help him carry groceries to his apartment clearly was pretextual. … That is, defendant cannot establish the second prong of the test, identifying exactly what process was “due.” See Stanley, 369 Ill. App. 3d at 448.

Old Ben Coal Co. v. Industrial Commission

261 Ill. App. 3d 812 · Appellate Court of Illinois · Jun 7, 1994

The manifest weight of the evidence is "that which is the clearly evident, plain and indisputable weight of the evidence. … In order for a finding to be contrary to the manifest weight of the evidence an opposite conclusion must be clearly apparent." Caterpillar, Inc. v.

21 Kristin Condominium Ass'n v. Pioneer Engineering & Environmental Services, LLC

2020 IL App (1st) 191868 · Appellate Court of Illinois · Sep 30, 2020

Pioneer stated: “The ASTM standard was developed to provide current owners, prospective buyers, lending institutions or other interested parties with qualified professional … “[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.”

Pattullo-Banks v. The City of Park Ridge

2014 IL App (1st) 132856 · Appellate Court of Illinois · Sep 5, 2014

¶ 15 It is well established that the Tort Immunity Act does not create duties; "[r]ather, the Act merely codifies those duties existing at common law, to which the subsequently delineated immunities apply." … The court in Kiel still clearly recognized the duty of a city to clear unnatural accumulations of ice and snow from its sidewalks.

MBA Enterprises, Inc. v. Northern Illinois Gas Co.

307 Ill. App. 3d 285 · Appellate Court of Illinois · Aug 31, 1999

The plaintiffs’ complaint alleges a number of negligent acts by NI Gas that clearly fall within the purview of installation and construction of the piping system. … Finally, the question decided on appeal in Cates was whether the defendant met its burden of establishing that a cold rolling mill was an improvement to real property.

Spann v. Springfield Clinic

217 Ill. App. 3d 419 · Appellate Court of Illinois · Aug 6, 1991

The trial court ruled that plaintiff failed to establish the first principle required by Duldulao in order for the handbook to become a contract. We agree. … She relies on language in Duldulao and cases cited therein which state that the status of at-will employment is not immune from restriction.

People v. Martin

161 Ill. App. 3d 472 · Appellate Court of Illinois · Oct 15, 1987

However, if the person submits to a blood test at the request of a law enforcement officer, only a physician authorized to practice medicine, a registered nurse, or other qualified person approved by the Department of Public … The statute clearly contemplates that the arresting officer filing the sworn report may not be the party administering the alcohol concentration test.

Jaros v. Village of Downers Grove

2020 IL App (2d) 180654 · Appellate Court of Illinois · Jun 25, 2020

Finally, they asserted common-law immunity as well as statutory immunity under sections 2-109 and 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-109, 2-201 (West 2016)). … ¶ 87 Since we hold that plaintiff has not established that his removal from the Board implicated his free-speech rights, we need not consider defendants’ immunity claims as alternative grounds for affirmance.

PepsiCo, Inc. v. Department of Revenue

2026 IL App (4th) 250121 · Appellate Court of Illinois · Feb 25, 2026

The law is well established that an expert’s opinions must “have some evidentiary basis.” Concordia, 2016 IL App (1st) 151864, ¶ 72. … The evidence clearly showed that state tax avoidance was plaintiffs’ only reason for forming PGM as a limited liability company with FLNA as its sole member.

Michel v. Gard

181 Ill. App. 3d 630 · Appellate Court of Illinois · Apr 7, 1989

In the instant case the well-pleaded facts and the other materials submitted by Torres do not establish that he was Lambert’s client. … The letter does not establish that the ‘primary purpose for Hauter’s contacting defendants was to benefit plaintiff.

People v. Lang

106 Ill. App. 3d 808 · Appellate Court of Illinois · May 17, 1982

Clearly there was an absence of time to fabricate in the instant case. As indicated, the statements were made within minutes of the victim’s being shot and were in fact made while the victim was being threatened. … The defense tried to establish that the victim and the defendant were a happily married couple who had been to a family gathering on the night in question.

Tolve v. Ogden Chrysler Plymouth, Inc.

324 Ill. App. 3d 485 · Appellate Court of Illinois · Aug 29, 2001

Pamela asked the salesman if she qualified, explaining that she completed a program at the Institute of Management at Illinois Benedictine College. … Furthermore, the weight of authority clearly favors equating the mailing date with the filing date for court documents which do not commence a new cause of action.” Pakrovsky, 274 Ill. App. 3d at 518 .

People v. Olsson

2011 IL App (2d) 91351 · Appellate Court of Illinois · Sep 22, 2011

If the evidence presented at a discharge hearing is sufficient to establish the defendant’s guilt, no conviction results; instead, the defendant is found “not not guilty.” (Emphasis omitted.) … where the same, or substantially the same, words or phrases appear in different parts of the same statute they will be given a generally accepted and consistent meaning, where the legislative intent is not clearly

Robb v. Lindquist

23 Ill. App. 3d 186 · Appellate Court of Illinois · Oct 24, 1974

On the basis of the record before us we could not say that the conclusion of the trial court in this cause is clearly or palpably against the manifest weight of the evidence. … Here the court found that plaintiff has established his right to a mechanic’s lien and that a personal judgment could be entered in conjunction therewith with a proviso that, to the extent that it is not satisfied by the

People v. Pingelton

448 Ill. Dec. 818 · Appellate Court of Illinois · Aug 3, 2021

In addition, trial counsel’s clearly preferred trial strategy was to use the testimony of the physicians to attempt to undermine the testimony of both A.H. and K.S. … Clearly, if defense counsel was using the doctors in a similar manner as the State, defense counsel made a decision that was trial strategy to allow both physicians to give those opinions.

FIRST NAT. BANK OF LAGRANGE v. Lowrey

375 Ill. App. 3d 181 · Appellate Court of Illinois · Jun 29, 2007

In this case, we believe the record clearly establishes that the trial court in the underlying action would have approved the settlement. … App. 3d at 674 (finding that a release entered into as part of a settlement agreement did not establish a debtor-creditor relationship and thus qualify as an instrument in writing because the obligation to pay arose out of

City of Elmhurst Ex Rel. Mastrino v. City of Elmhurst

208 Ill. Dec. 673 · Appellate Court of Illinois · Dec 2, 1994

Section 2 — 302 of the Local Governmental and Governmental Employees Tort Immunity Act (Immunity Act) provides in pertinent part: "If any claim or action is instituted against an employee of a local public entity based on … Defendants have failed to establish any such affirmative matter.

People v. Morthole

51 Ill. App. 3d 919 · Appellate Court of Illinois · Jul 28, 1977

Pitluk, a psychologist, was not qualified to render an opinion regarding the ultimate issue of defendant’s fitness. … Here there was no analogous refusal to direct a verdict on clearly inadequate proof. The proof in the present case clearly showed that defendant possessed .58 grams of a substance containing heroin.

People v. Brown

2020 IL App (1st) 190828 · Appellate Court of Illinois · Sep 14, 2020

Molstad, 101 Ill. 2d 128, 135 (1984) (holding that “[t]he testimony of Molstad’s codefendants clearly qualifies as newly discovered evidence” because no amount of diligence could have compelled them to incriminate … Neither Elzy’s testimony nor Green’s testimony qualifies as new.