Case law

Bingham v. Ditzler

320 Ill. App. 88 · Appellate Court of Illinois · Jun 30, 1943

stockholders ’ cases like the one at bar from bond issue reorganization cases and those of that character is found in the fact that in the board of directors, of the company there already exists an administrative agency legally qualified … App. 236 , establishes the right of the plaintiff to recover attorney’s fees. Certiorari was denied in that case by the Supreme Court.

Shearer v. Hulick

150 Ill. App. 3d 1098 · Appellate Court of Illinois · Dec 31, 1986

It has long been established in Illinois that the findings and conclusions of an administrative agency on questions of fact are prima facie true and correct and that, on review, the scope of our inquiry is limited to ascertaining … However, as this court has stated before, the agency’s decision will be deemed against the manifest weight of the evidence if it appears from the record that the opposite conclusion is clearly evident. (Williams v.

Village of Woodridge v. County of Du Page

144 Ill. App. 3d 953 · Appellate Court of Illinois · Jun 26, 1986

Clearly a vote of 18-4 is not an “equal” score in the popular sense. … Similarly, in the present case, the statute clearly states that the chairman shall not vote on any question except to break a tie.

Pang v. Farmers Insurance Group

2014 IL App (1st) 123204 · Appellate Court of Illinois · Jun 23, 2014

Hoskins’ affidavit supported the motion seeking to establish that the reconstructed policy was an accurate copy of the policy issued to the Chans. … The policy clearly defines “insured” as (1) the named insureds, (2) the named insureds’ relatives by blood, marriage or adoption, or (3) any person under the age of 21 in the care of the named insureds.

Berz v. City of Evanston

997 N.E.2d 733 · Appellate Court of Illinois · Sep 27, 2013

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … We do not find that defendant's subsequent amendment can be interpreted to establish its prior intent in favor or against plaintiff.

People v. Ruback

988 N.E.2d 745 · Appellate Court of Illinois · Apr 22, 2013

Amanda clearly had a motive to lie when she spoke with police. The beginning of the interview therefore does not qualify as an admissible prior consistent statement. … Those statements would have established the context of the statements the State wanted the jury to hear and would have qualified those statements in the context of Amanda’s overall credibility.

Harroun v. Addison Police Pension Board

372 Ill. App. 3d 260 · Appellate Court of Illinois · Mar 21, 2007

In attempting to subdue a suspected criminal, plaintiff was clearly engaged in an act inherently involving special risk not encountered by ordinary citizens. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5—113 of the Code because it was an act of heroism.

Compass Group v. Illinois Workers' Compensation Comm'n

2014 IL App (2d) 121283WC · Appellate Court of Illinois · Apr 13, 2015

In any event, this argument fails to persuade us that a conclusion opposite to the Commission’s is clearly apparent. ¶ 22 Furthermore, it is well established that prior good health followed by a change … We cannot say that waiting one year–under the circumstances presented here–for such an opinion is so clearly unreasonable that a conclusion opposite to the Commission’s is clearly apparent.

Fuqua v. SVOX AG

2020 IL App (1st) 191275-U · Appellate Court of Illinois · Sep 30, 2020

Soseman filed a motion to dismiss the claims against him based on his qualified immunity as an attorney for SVOX, pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2012)). … Soseman because we concluded that he had qualified immunity. Id. ¶ 41. We remanded the case back to the trial court with directions for the trial court to compel arbitration between Mr. Fuqua and SVOX. Id. ¶ 42. Mr.

Marth v. Illinois Weather-Seal, Inc.

50 Ill. App. 3d 577 · Appellate Court of Illinois · Jun 17, 1977

It is well established that the trial court is in a better position to determine the credibility of the witnesses and the weight of the evidence presented. (Schulenburg v. … Based on the record before us we cannot say that a conclusion opposite to that reached by the trial court is clearly apparent.

People v. Nottke

2022 IL App (3d) 190651-U · Appellate Court of Illinois · May 3, 2022

The trial evidence clearly established that the defendant possessed a firearm in his vehicle. Peete testified that he located a firearm between the driver’s seat and center console of the vehicle. … Further, the evidence of the defendant’s prior AHC qualifying offenses was clearly presented.

John Alden Life Insurance v. Propp

255 Ill. App. 3d 1005 · Appellate Court of Illinois · Jan 18, 1994

The Propp children contend that various circumstances reflected in the record sufficently establish the requisite intent and positive action on Harold’s part. … The court qualified that observation, further noting that “where factors exist which tend to indicate some equivocation — to cast some doubt upon decedent’s intent — the courts have generally held that the decedent did not

Johnson v. Armstrong

451 Ill. Dec. 1021 · Appellate Court of Illinois · Oct 28, 2021

those would be closer to the retractor than the branch to the medialis, which is further medial; and the fact that the article [presented to Bal by defense counsel during the deposition] clearly … Advocate argued that Johnson had not disclosed a nursing expert and Bal was not qualified to give an opinion as to the standard of care for a surgical technician.

Crowder v. McLean County

2025 IL App (4th) 240533-U · Appellate Court of Illinois · Jan 7, 2025

Borrelli may have been qualified to opine upon the standard of care applicable to other physicians in this field, there was no evidence showing he was qualified as an expert in the field of nursing. … that would preclude the application of immunity under section 4- 105 of the Act.

Department of Corrections v. Human Rights Commission

298 Ill. App. 3d 536 · Appellate Court of Illinois · Jul 31, 1998

First, plaintiff must establish a prima facie case of discrimination which will give rise to a rebuttable presumption that the employer unlawfully discriminated. … The record clearly shows that the decision to discharge Green was based, in part, upon the subject administrative directives.

People v. Wilson

258 N.E.3d 183 · Appellate Court of Illinois · Mar 21, 2025

The circuit court concluded that none of these witness accounts qualified as newly discovered evidence capable of supporting a claim of actual innocence. For the reasons that follow, we disagree. … Nothing Rayvonne said in his affidavit clearly contradicts his assertion that these witness accounts were not available to him at trial.

In Re Marriage of Lichtenstein

202 Ill. Dec. 522 · Appellate Court of Illinois · Jul 22, 1994

At the conclusion of the hearing, after finding that neither party had demonstrated that they qualified for an order of protection, the court entered an order denying both Joanne’s and Lorry’s petitions. … If there is one thing that emerges clearly from the report of proceedings, it is the hostility that characterized the hearing on the parties’ petitions.

Mercado v. S&C Electric Co.

467 Ill. Dec. 306 · Appellate Court of Illinois · Mar 6, 2023

It is plaintiffs’ burden to show that the bonuses at issue qualify as such and do not fall under any other exclusion. … However, Richard’s affidavit clearly states that incentive payments were used to calculate the adjustment payment.

People v. Foules

258 Ill. App. 3d 645 · Appellate Court of Illinois · Dec 30, 1993

The record shows that this case is vastly different from the Hovanec case cited by defendant, where the prosecutor repeatedly asked clearly objectionable questions to which the court had already sustained objections. … However, that is not the standard by which a witness is qualified as an expert.

Lawbaugh v. Board of Education

66 Ill. App. 159 · Appellate Court of Illinois · Jun 19, 1896

answer then sets forth a resolution of the State •Board of Health, of JSTovember 22, 1891, that before being admitted into any public school every child must present his •or her teacher a certificate signed by ¿legally qualified … This being the well known character of the dreadful disease, we think the safer view is that a regulation looking to safety and immunity, before it makes its appearance, should not be regarded as an unreasonable one.