Case law

Givens v. City of Chicago

2021 IL App (1st) 192434 · Appellate Court of Illinois · Sep 28, 2021

conduct, and further, were based on immunity and legal justification principles. … The supreme court reviewed the comparative fault statute and tort immunity act then in effect and noted that the act clearly insulated cities “against suits for negligence” and “punitive damages,” but would

Leadertreks, Inc. v. Department of Revenue

385 Ill. App. 3d 442 · Appellate Court of Illinois · Sep 19, 2008

The Department appeals, arguing that the Department’s decision was not clearly erroneous. We agree and reverse the circuit court. … The Failure to Establish That the Property Was Not Used Primarily With a View to Profit The Department asserts that LeaderTreks did not establish that its property was not used primarily with a view to profit, because it

Trans-Air Corp. v. Department of Revenue

86 Ill. App. 3d 750 · Appellate Court of Illinois · Jul 24, 1980

Therefore, the Department failed to show that the sales in question qualified as transactions "subject to the use tax. … The State has not established that fact in this case. In Boye Needle Co. v.

Buhrmaster v. County of Du Page

16 Ill. App. 3d 212 · Appellate Court of Illinois · Dec 19, 1973

He did, however, qualify this opinion by stating that some sections might be suitable for multiple-family residences. It was his opinion that the highest and best use of the property was single-family residential. … Faced with this presumptive validity of the zoning ordinance, it was incumbent upon the plaintiffs to establish that the legislative decision as to the subject property is clearly unreasonable, rather than that the property

Cole v. Yanoff

2025 IL App (1st) 241017-U · Appellate Court of Illinois · Jan 31, 2025

A complaint should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proven which would entitle the plaintiff to relief. Id. … ¶ 20 In practice, the privilege provides an attorney with complete immunity with respect to the communications he makes related to litigation, regardless of the attorney’s motives and irrespective of the attorney’s

Sharpe v. Westmoreland

2019 IL App (5th) 170321 · Appellate Court of Illinois · Jul 2, 2019

App. 3d 913, 917 (2008) (Illinois law clearly recognizes the superior rights of a natural parent to the care, custody, and control of his or her child). … The Marriage Act, even after the most recent amendments in 2017 and 2018, is devoid of any reference to partners joined in civil unions when defining parties that qualify as stepparents for purposes of determining

Hawley Products Co. v. May

314 Ill. App. 537 · Appellate Court of Illinois · May 14, 1942

to do business in other States; whether it was so qualified when engaged in business, and whether the lease provides for the rental of the building where the home office is located. … Clearly neither of those cases is applicable here. No holding in a civil contempt proceeding, ancillary to an action at law, contrary to the cases above cited has been brought to our attention.

Kurczaba v. Pollock

Appellate Court of Illinois · Dec 27, 2000

This privilege is a qualified privilege (53 C.J.S. Libel & Slander , §99, at 175 (1987)) and is commonly exercised by newspapers, broadcasting stations, and others in the business of reporting news to the public. … While defendant argues that he did not place any "spin" on his report, the addition of the ad was clearly meant to convey something.

Smith v. Industrial Commission

308 Ill. App. 3d 260 · Appellate Court of Illinois · Oct 13, 1999

On June 7, 1995, claimant was recalled to work, and she was tested to see if she was qualified to resume her supervisory duties. On June 13, 1995, and at the request of the employer, claimant was examined by Dr. … On review, the Commission’s compensation award should be reversed only if it was contrary to the manifest weight of the evidence, i.e., where the opposite conclusion is clearly apparent. Durfee v.

People v. Reinking

2024 IL App (4th) 230486 · Appellate Court of Illinois · May 7, 2024

For instance, the State quoted stipulation 5 and then argued it “clearly establishes that the defendant knowingly gave the firearm to another, that being Travis Reinking. … Specifically, the State had to establish defendant knew Travis was admitted to a qualifying mental institution for mental health treatment. Id.

Abbott Industries v. Department of Employment Security

2011 IL App (2d) 100610 · Appellate Court of Illinois · Jun 20, 2011

The Board of Review accordingly reversed the decision of the referee and held that Mitchell was qualified to receive unemployment benefits. ¶ 11 Abbott Industries appealed the Board of Review’s decision to the … Rather, the record establishes that she was unable to comply with those rules due to the need to care for her mother and the lack of alternatives.

Peter J. Hartmann Co. v. Capital Bank and Trust Co.

296 Ill. App. 3d 593 · Appellate Court of Illinois · May 15, 1998

The issue to be considered by such a motion is whether significant facts are contained in the pleadings, which, if established, would entitle the complainant to relief. Bryson v. … No cause of action should be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the complainant to recover. Bryson, 174 Ill. 2d at 86-87 .

Longman v. Jasiek

91 Ill. App. 3d 83 · Appellate Court of Illinois · Dec 19, 1980

Tochalauski, examined Jean and suggested that she see her oral surgeon, who, the family doctor felt, would be better qualified to treat the problem. … Clearly, one who qualifies as an expert in the area of oral surgery is permitted to testify as to the degree of care which is ordinarily exercised by members of his profession.

Gillen v. State Farm Mutual Automobile Insurance Co.

349 Ill. App. 3d 779 · Appellate Court of Illinois · Jun 25, 2004

Clearly admitting that such payments under the Illinois Pension Code differ from those made to employees pursuant to the Workers’ Compensation Act (820 ILCS 305/5 (West 1992)) because no similar lien is created in favor of … 2001) (reason to favor coverage is twofold: to effectuate intent of insured who purchased policy to obtain coverage and to lay burden upon insurance company which, as drafter, could have drafted policy and exceptions more clearly

Village of River Forest v. Midwest Bank & Trust Co.

12 Ill. App. 3d 136 · Appellate Court of Illinois · May 15, 1973

To resolve this issue we turn to principles well established in the law of municipal corporations. First, however, we will state the material facts. I. … Stat. 1967, ch. 24, par. 11 — 13 — 1(9). 3 This, of course, is not true of a municipal corporation that qualifies for home rule under the home rule provisions of the 1970 Illinois Constitution. See Ill.

Proulx v. Illinois High School Ass'n

125 Ill. App. 3d 781 · Appellate Court of Illinois · Jul 10, 1984

The plaintiffs had participated through the sectional meet and had qualified for participation in the State Final Meet. … App. 3d 212 , 445 N.E.2d 464 , the court held that the bare allegation of “illegal” was insufficient to establish harm. In our opinion “unique” is even less pejorative than “illegal.”

Southern Illinoisan v. Department of Public Health

319 Ill. App. 3d 979 · Appellate Court of Illinois · Mar 28, 2001

As attested by Tom Woolf, metro editor of the Southern Illinoisan, Lee Enterprises, Inc., is the publisher of the most-circulated daily newspaper in the region, and it is uniquely qualified to receive and report on the information … circumstances, the Southern Illinoisan’s stated purpose for the disclosure of the requested information is consistent with the General Assembly’s stated purpose for collecting the data: “(b) It is the purpose of this Act to establish

Biekert v. Maram

388 Ill. App. 3d 1114 · Appellate Court of Illinois · Mar 27, 2009

The plaintiff argued that he need not demonstrate the need for “active treatment” to qualify for services. … Specifically, the Illinois Administrative Code provides, “The need for ICF/MR services shall be established through a comprehensive assessment (see 89 Ill. Adm.

Schultz v. Kant

148 Ill. App. 3d 565 · Appellate Court of Illinois · Oct 10, 1986

Clearly, the presence of crops on a portion of defendant’s acreage south of the Green River indicates defendant’s southerly land was not vacant. … The common and ordinary use establishing the right to an easement by prescription limits and qualifies it so that it cannot be given to different uses and purposes. (Sell v.

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

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

“[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.” Marshall, 222 Ill. 2d at 429. … ¶ 15 For the remaining element of the cause of action, Pioneer argues that its statements cannot qualify as misrepresentations because it only expressed its opinion about the condition of the property.