Case law

In Re Estate of Lieberman

909 N.E.2d 915 · Appellate Court of Illinois · May 28, 2009

Therefore, pursuant to section 2-615, a court should not dismiss a cause of action unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. … The standard for the remaining 13 permitted investments has not been established by the statute itself or by an Illinois court.

Johnson v. Matviuw

176 Ill. App. 3d 907 · Appellate Court of Illinois · Nov 28, 1988

Moreover, excerpts from depositions of two of the other defendant doctors do not clearly establish that a staff physician was “required” to respond to a code blue call. … However, California has disallowed statutory immunity where there is a preexisting duty to render emergency aid, as in the case of members of a hospital’s emergency call panel. Colby v. Schwartz (1978), 78 Cal.

Knauerhaze v. Nelson

Appellate Court of Illinois · Sep 19, 2005

Nelson's testimony clearly established evidence through which the jury could conclude that Dr. Allen breached his duty of care. Moreover, Dr. Nelson testified that Dr. … We therefore find that Knauerhaze has failed to meet his burden of "clearly establishing [a] constitutional violation." Bernier , 113 Ill. 2d at 227 , 497 N.E.2d at 767.

Nowicki v. Evanston Fair Housing Review Board

39 Ill. App. 3d 109 · Appellate Court of Illinois · May 26, 1976

The defendants are the Fair Housing Review Board of the City of Evanston, an administrative agency established under chapter 25? … Kelly insisted on completing the application and was informed five or six days later she did not qualify. On June 8, Mr. Horacio D. Lewis called Maxwell about the apartment.

Kramer v. Milner

203 Ill. Dec. 118 · Appellate Court of Illinois · Aug 8, 1994

Shorey, plaintiff’s expert, stated that the surveys did establish the standard of care. Dr. Golomb, defendant’s expert, stated they did not establish the standard of care. … Two qualified experts on opposing sides of litigation, viewing the same injury, invariably reach different conclusions as to causation.

Esquivel v. Retirement Board of the Policemen's Annuity and Benefit Fund

2011 IL App (1st) 111010 · Appellate Court of Illinois · Dec 9, 2011

the rule of law as applied to the established facts is or is not violated. … A mixed question of law and fact is reviewed under the clearly erroneous standard.

Sun Electric Corp. v. Village of Prairie Grove

59 Ill. App. 3d 608 · Appellate Court of Illinois · Apr 26, 1978

The village was incorporated in 1973 and is substantially undeveloped, having few residences or commercial establishments within the corporate limits. … While we will not disturb the trial court’s finding as to whether the statutory requirements for disconnection were established by the evidence unless such determination is clearly contrary to the manifest weight of the evidence

People v. Vinson

184 Ill. App. 3d 33 · Appellate Court of Illinois · Jun 8, 1989

This holding is clearly against the manifest weight of the evidence in light of our holding in People v. Bates (1987), 165 Ill. App. 3d 80 , 518 N.E.2d 628 . … Contrary to the trial court’s holding, the State has no obligation to establish a foundation for the admission of test results at a statutory summary suspension hearing unless the motorist first establishes a prima facie

Illinois Central Railroad v. Rothschild

134 Ill. App. 504 · Appellate Court of Illinois · Jun 1, 1907

or not he has established the averments of those which aver particular acts of negligence. … Such of the rulings as were erroneous could not have prejudiced appellant for the reason that under the foregoing views its liability was clearly established by the uncontroverted facts.

In re Application of the County Collector

343 Ill. App. 3d 363 · Appellate Court of Illinois · Oct 2, 2003

If a petitioner can meet this basic qualification, he or she can qualify for indemnity in either of two ways. … Clearly, petitioners in this case did not set forth the necessary allegations to establish eligibility for relief under the equitable entitlement provisions; they pleaded neither that they lived in the property nor that it

People v. Travis

2024 IL App (3d) 230113 · Appellate Court of Illinois · Apr 19, 2024

¶ 13 A trier of fact may make reasonable inferences from the established facts of the case (People v. … “The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation.” People v.

Ball v. Village of Streamwood

281 Ill. App. 3d 679 · Appellate Court of Illinois · Mar 27, 1996

In the instant action, a difference clearly exists between those taxed (those relocating outside the Village) and those not taxed (those remaining in the Village). … Were we to accept the Village’s argument, only those residents who qualify for the exemption would be capable of challenging it.

People v. Olsson

354 Ill. Dec. 613 · 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.) … construing a statute 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

Vance v. Monroe Drug Co.

149 Ill. App. 499 · Appellate Court of Illinois · May 22, 1909

Several witnesses called on behalf of appellee and who qualified as experts in the operation of circular saws, testified- that it was possible for a circular saw such as the one in question to run smoothly for a time and … Jarvis, 226 Ill. 614 ), such evidence is to be admitted with great caution, and it must clearly appear that the cause of such accidents was precisely the same as that involved in the particular case on trial, and that such

Shared Imaging, LLC v. Hamer

2017 IL App (1st) 152817 · Appellate Court of Illinois · Nov 9, 2017

Jan. 1, 2016). ¶ 19 Appellants have the burden of establishing appellate jurisdiction. U.S. Bank National Ass’n v. IN Retail Fund Algonquin Commons, LLC, 2013 IL App (2d) 130213, ¶ 24. … App. 3d 539, 544 (2011) (citing numerous cases holding that the phrase “final and appealable” does not qualify as a Rule 304(a) finding).

Coursey v. Board Fire & Police Com'rs of Skokie

90 Ill. App. 2d 31 · Appellate Court of Illinois · Nov 30, 1967

That Coursey violated a departmental rule and that the violation was serious was established by the evidence. … Board of Fire and Police Com’rs, 28 Ill App2d 435, 172 NE2d 33 (1961)) and that an officer’s refusal to sign an immunity waiver before testifying before a grand jury is ground for dismissal (Drury v.

Mitchell v. Cook County Officers Electoral Board

399 Ill. App. 3d 18 · Appellate Court of Illinois · Mar 5, 2010

The Board conscientiously considered those objections and took appropriate curative action based upon established decisional law. … Consequently, this matter was clearly not before the Board at the outset.

Scanlan v. Kirby

230 Ill. App. 505 · Appellate Court of Illinois · Sep 7, 1923

Kirby, who were named as executors and trustees of his last will and testament, his will was admitted to probate in the probate court of said Kane county and letters testamentary issued to the said executors, who qualified … After an examination of all of the questions raised in this case, we are clearly of the opinion, and the conclusion is irresistible, that the testator had in mind to establish a public bathhouse for the benefit of the citizens

Raab v. Frank

2019 IL App (2d) 171040 · Appellate Court of Illinois · May 16, 2019

However, the record clearly reveals that they were not aware of any such problem. ¶ 36 We also find Frank’s reliance on McKee v. Trisler, 311 Ill. 536 (1924), to be misplaced. … The fence agreement establishes that relationship between the Grossens and Frank. ¶ 47 III.

People v. Calkins

96 Ill. App. 3d 74 · Appellate Court of Illinois · May 5, 1981

The proof clearly established that the respondent mother had a 14-year history of emotional problems. It is undisputed that she interfered with the minor’s medical treatment after the child’s third operation. … This rule, however, is tempered and qualified by the law as related in the case of In re Brooks (1978), 63 Ill. App. 3d 328 , 379 N.E.2d 872 .