Case law

Kritzen v. Flender Corp.

226 Ill. App. 3d 541 · Appellate Court of Illinois · Mar 13, 1992

Holdren had believed that an employee would need to be terminated to qualify for the COBRA benefit. … That communication was under circumstances that made the alleged policy both clearly directly related to the communication and clearly important to the plaintiffs.

People ex rel. Phillips v. Board of Education

83 Ill. App. 2d 154 · Appellate Court of Illinois · May 17, 1967

County Board of School Trustees, 31 Ill 2d 121, 198 NE2d 848 , it held that school districts established under enabling legislation are subject entirely to the will of the legislature, and may, even without notice, be contracted … Clearly then, all of the relators herein qualified by the terms of said statute to attack the annexation of which they complain, and in fact several of the relators were parties to one or more of the petitions that were filed

People v. Sutton

Appellate Court of Illinois · Aug 14, 2007

in Zayas has determined that a previously hypnotized witness is virtually immune from effective cross-examination because having been hypnotized, the witness "gains complete confidence in his 'restored' memory, forgets … For a statement to qualify as a spontaneous declaration, three requirements must be met, (1) there must be an occurrence sufficiently startling to produce a spontaneous and unreflecting statement; (2) there must be an

People v. Hale

Appellate Court of Illinois · Dec 14, 2001

However, evidence of these two murders clearly conveyed the message that the Hale-Wessell twosome possessed a penchant for senseless bloodshed. … These various references to other crimes committed on April 1, 1998, clearly prejudiced the chance of acquittal.

Waugh v. MORGAN STANLEY AND CO., INC.

359 Ill. Dec. 219 · Appellate Court of Illinois · Mar 1, 2012

Levinson testified at deposition that Turek was a qualified pilot with many hours of flying experience in a Cessna 421B. … The answer to this question clearly requires an analysis of the educator's conduct in providing educational services.

Flynn v. Henkel

Appellate Court of Illinois · Nov 27, 2006

According to Rita, things were fine until Cory sought to establish his paternity. At that point, Alice terminated Cindy's visitation. … The court's inability to articulate the harm "in the sense of a direct emotional harm" clearly indicates -9- No. 2--06--0573 that it was referring to E.H.; the emotional

People v. Douglas

2017 IL App (4th) 120617-B · Appellate Court of Illinois · Sep 28, 2017

A petition lacks an arguable factual basis when it is based on a fanciful, factual allegation or is clearly baseless, fantastic, or delusional. Hodges, 234 Ill. 2d at 16-17, 912 N.E.2d at 1212. … Further, the record in this case does not establish DOC took any action against defendant as a result of this letter.

Carroll v. Chicago Housing Authority

2015 IL App (1st) 133544 · Appellate Court of Illinois · May 22, 2015

A decision is clearly erroneous if the record leaves the reviewing court with the firm and definite conviction that a mistake has been made. … As such, finding these failures to be matters justifying termination leaves us with a firm conviction that a mistake was made. ¶ 31 The HCV program is clearly an important benefit provided to qualified

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 22, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.” Id. at 467.

People v. Adams

404 Ill. App. 3d 405 · Appellate Court of Illinois · Sep 17, 2010

Additionally, he claimed he was previously qualified as an expert in gunshot residue analysis in approximately a half-dozen Illinois counties. … Insofar as firearms were concerned, Hood possessed no certifications, but was qualified as an expert approximately 30 to 40 times.

In re Marriage of Lavelle

206 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 21, 1990

Petitioner argues that respondent should have attempted to get a job in the electronics field for which he was qualified and which would have provided a regular income, unlike his new career, which was based solely upon commissions … The ex-husband had never clearly established his debt, was still a practicing physician with an estimated income of $120,000 per year, and was no longer required to pay child support obligations or to make monthly mortgage

Davis v. Keystone Printing Service, Inc.

111 Ill. App. 3d 427 · Appellate Court of Illinois · Dec 30, 1982

That section clearly includes affirmative defenses. (Millsaps v. Bankers Life Co. (1976), 35 Ill. App. 3d 735, 742 , appeal denied (1976), 63 Ill. 2d 552 .) … The court decided that it “need not in this case decide whether plaintiff was a public figure or public official, because the facts justify following Farnsworth and holding that this case clearly qualifies under the Butts

William Rainey Harper Community College 512 v. Harper College Adjunct Faculty Ass'n

210 Ill. Dec. 506 · Appellate Court of Illinois · Jul 17, 1995

The evidence in this case clearly indicates the College did not assure the adjunct faculty members they would ever be rehired beyond their current assignment. … This interpretation ignores the plain language of section 2(b) of the Act, which requires six hours of instruction per "academic semester,” which clearly means every semester the College is open.

Thomas v. Frederick J. Borgs-Miller, Inc.

155 Ill. App. 3d 1057 · Appellate Court of Illinois · Jun 1, 1987

A reviewing court will not disturb the findings of the trial court unless such findings are clearly contrary to the manifest weight of the evidence. … We do not deem this to be a sufficient foundation to qualify the plaintiff to give an opinion as to the necessity and reasonableness of the estimate drawn by Gentry Plumbing and Heating.

Larsen v. Provena Hospitals

2015 IL App (4th) 140255 · Appellate Court of Illinois · Feb 26, 2015

Thus, by its plain language, the legislature clearly intended that the Whistleblower Act would apply to physicians who satisfied the statutory defini- tion of employee. … See 105 ILCS 5/14A-30 (West 2010) (ex- plaining the funding available through the Illinois Board of Education for qualified programs fo- cused on the education of gifted and talented children).

Schoden v. Schaefer

184 Ill. App. 456 · Appellate Court of Illinois · Dec 31, 1913

From the further stipulations of the parties, to said four suits and the evidence offered it clearly appears that the said special count of the declaration was proved and that said drainage district was organized October … It is the well established law of this State that money paid voluntarily by one with knowledge or means of knowledge of all the facts cannot be recovered.

People v. Norfleet

4 Ill. App. 3d 758 · Appellate Court of Illinois · Mar 24, 1972

And this highlights the importance, the relevancy, and affects the admissibility of the Harrises’ testimony by which Norfleet was clearly identified as one of the group of four. … And; only on© witness picked all four defendants, with one- of those, a, qualified identification.

People v. Collins

70 Ill. App. 3d 413 · Appellate Court of Illinois · Mar 23, 1979

For the Defendants fames Sternick, Assistant State’s Attorney John Guild was granted immunity from prosecution in return for his testimony against defendants. … We believe the evidence adduced at trial clearly established that Collins was a knowing participant in the common plan to commit theft and, accordingly, we will not reverse the jury’s finding of guilt.

People v. Sanchez

11 Ill. App. 3d 1079 · Appellate Court of Illinois · May 31, 1973

After qualifying the expert there followed: “Q. … We do, however, find that the sentence was excessive and it clearly appears that the sentence constitutes a great departure from the fundamental law and its spirit and purpose.

Advincula v. United Blood Services

211 Ill. Dec. 182 · Appellate Court of Illinois · Aug 22, 1995

AIDS is a fatal disease; infection with HIV results in the total collapse of the immune system. … So that we can talk about three levels of staircase and, as a licensed establishment, we are committed to all three layers.”