Case law

Seibold v. Schulte

195 Ill. App. 3d 891 · Appellate Court of Illinois · Mar 8, 1990

The record establishes that there was “other good cause” for removal not in any way reflecting upon respondent’s performance, and respondent remains guardian of the estate. … We cannot say that a benefit has not been conferred upon the estate of Josephine by removing the public guardian and substituting her sister, as public policy clearly prefers a relative to act in such situations.

People v. Wells

248 N.E.3d 451 · Appellate Court of Illinois · Mar 1, 2024

Clearly, the defendant was armed. Clearly, he brandished a firearm. … But pretrial detention hearings have a clearly defined burden of proof established by the legislature. Lastly, the question of the sentence to be imposed is not a binary one.

Bloom v. Braun

250 Ill. Dec. 928 · Appellate Court of Illinois · Nov 1, 2000

The trial court granted the motion, finding that Bloom failed to satisfy the requirements to establish fraudulent concealment and that she was legally disabled. … The plaintiffs complaint was dismissed based on her failure to comply with the notice provision of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev.

People v. Dixon

224 N.E.3d 831 · Appellate Court of Illinois · Nov 30, 2022

as well to qualify him.’ ” People v. … Defendant’s suggestion that Investigator Merchie’s expert testimony lacked foundation has been clearly rebutted by the record. See Sanders, 2016 IL 118123, ¶ 48.

People v. Gray

209 Ill. App. 3d 407 · Appellate Court of Illinois · Jan 28, 1991

For the same reasons, we conclude that Lynette’s and Joann’s testimony regarding the same conversation does not qualify as a prompt complaint. … Whether or not such statement qualified as an excited utterance, it is nevertheless inadmissible because it improperly bolsters the complainant’s testimony.

Coleman v. RETIREMENT BD. FIREMEN'S ANN.

392 Ill. App. 3d 380 · Appellate Court of Illinois · Jun 19, 2009

The Board argues that Bertucci must be applied prospectively because it established a new principle of law. … impression the resolution of which was not clearly foreshadowed.

In re George O.

Appellate Court of Illinois · Jul 26, 2000

The State conversely maintains that (1) the circuit court's order was proper, as clear and convincing evidence established by Dr. … We, therefore, decline to apply waiver in this case, since the State's failure to comply with section 3–610 appears on the face of the record and clearly prejudiced George O.

Collins v. Bartlett Park District

375 Ill. Dec. 510 · Appellate Court of Illinois · Sep 30, 2013

Defendant contends that the allegations in plaintiff’s retaliatory discharge claim establish that he lacked a good-faith belief that defendant was violating the law. … The Smith court stated that “[w]ithout expressing an opinion on firings in general by public entities, we declare, under established Illinois law, public entities possess no immunized discretion to discharge employees for

Russo v. Boland

103 Ill. App. 3d 905 · Appellate Court of Illinois · Jan 8, 1982

paid out of plan assets to eligible employees and dependents; that the plan does not purchase a group insurance contract from an insurance company, nor does it offer insurance contracts to participants; that the trust fund qualifies … Clearly, the thrust of plaintiff’s complaint is to have the State court construe the Illinois Insurance Code so as to bring the Trust within its scope and regulation.

People v. Doneski

288 Ill. App. 3d 1 · Appellate Court of Illinois · Apr 21, 1997

" (5) Finally, defendant's name, Tammy Doneski, is clearly identified. … Clearly, a person not intending to hold herself out as a doctor would not conduct herself in such a manner.

People v. Cole

170 Ill. App. 3d 912 · Appellate Court of Illinois · Apr 22, 1988

Edward Rudzitis was qualified as an expert to testify in rebuttal on behalf of defendant. … The record discloses that that which was sought to be established through Sigler as a witness was ultimately established by a stipulation offered by the defense.

People v. Robert K.

336 Ill. App. 3d 867 · Appellate Court of Illinois · Feb 21, 2003

In his appellate brief, respondent acknowledges that the statute clearly requires all minors adjudicated delinquent of certain qualifying offenses to provide blood samples for DNA profiling. … As already noted, the juvenile court systems are creations of the legislature, and the legislature has the authority to establish the procedures governing such systems. See P.H., 145 Ill. 2d at 233 .

General Motors Corp. v. Motor Vehicle Review Board

361 Ill. App. 3d 271 · Appellate Court of Illinois · Oct 3, 2005

However, on appeal, GMC and Loren have not asserted the Review Board’s decision was clearly erroneous. … Thus, the manufacturer had no interest in franchising that was immune from state regulation. New Motor, 439 U.S. at 104-05 , 58 L. Ed. 2d at 372 , 99 S. Ct. at 409 .

City of Chicago v. Boulevard Bank National Ass'n

Appellate Court of Illinois · Dec 12, 1997

The decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper result. … Further, the ordinances applicable to the Blighted Commercial District North Loop clearly put defendants on notice that the Oliver Building could be condemned.

Carroll v. Community Health Care Clinic, Inc.

2017 IL App (4th) 150847 · Appellate Court of Illinois · Jun 22, 2017

¶ 18 Additionally, we note this court may affirm the circuit court’s granting of a motion to dismiss on any basis or ground established by the record, regardless of the circuit court's reasoning. Guinn v. … ¶ 32 Clearly, Dr. Pedersen and McGinnes were employees of OSF and not the Clinic, as OSF paid their salary, wages, insurance, benefits, and payroll related taxes.

People v. Shaw

251 N.E.3d 448 · Appellate Court of Illinois · Dec 29, 2023

Shaw had clearly agreed to plead guilty on those modified terms. The court did not address Mr. … A “bare allegation” is insufficient to establish this. Id. at 458.

Mattuck v. DaimlerChrysler Corp.

366 Ill. App. 3d 1026 · Appellate Court of Illinois · Jun 30, 2006

A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon the evidence. Redmond v. … The testimony established that plaintiff had the vehicle serviced no less than six times and that the steering wheel shook violently when he applied the brakes.

Marcus v. Cohn

95 Ill. App. 3d 204 · Appellate Court of Illinois · Apr 10, 1981

The trial court found that petitioner was a citizen of Illinois and was qualified to file a petition under section 11 — 5. … Marcus did not establish a domicile elsewhere and in that way lose his Illinois citizenship.

In re Detention of Hayes

Appellate Court of Illinois · Apr 9, 2001

Sovereign Immunity The Department also contends that sovereign immunity precluded entry of the trial court's commitment order. … We further hold that the concerns identified in Owen regarding inconsistent court orders are inapplicable when, as here, the statute clearly contemplates individualized treatment.

People v. Byas

104 Ill. App. 3d 562 · Appellate Court of Illinois · Feb 25, 1982

Scott testified that he did not correct these inaccuracies until after he was granted immunity. … The comment was clearly improper as it related to matters not relevant to the jury’s deliberations. (People v. Martin (1979), 74 Ill. App. 3d 567 , 393 N.E.2d 508 .)