Case law

McCabe v. Department of Registration & Education

90 Ill. App. 3d 1123 · Appellate Court of Illinois · Nov 26, 1980

Aside from the clearly improper nature of such an alleged conversation, plaintiff has not suggested any time or place of such a conversation. … The Department established by overwhelming circumstantial evidence that plaintiff issued the prescriptions.

Devogelear v. Dart

2025 IL App (1st) 231404-U · Appellate Court of Illinois · May 1, 2025

Devogelear failed to support his claims with adequate factual allegations, that his claims were barred by the Tort Immunity Act, and that he failed to establish any constitutional violations. Mr. … Lisuzzo “may” report to the Standards Board any conduct the Sheriff’s Office deemed appropriate is clearly an exercise of discretion and a policy determination subject to section 2-201 immunity. Second, Mr.

Mattuck v. DaimlerChrysler

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.

Beggs v. Griffith

393 Ill. App. 3d 1050 · Appellate Court of Illinois · Aug 25, 2009

App. 3d at 535 , 694 N.E.2d at 585-86 ), we conclude that Griffith qualified as an “owner” under the Act. … At the time of the accident, Melody was clearly an innocent bystander.

Everly v. Chicago Police Board

119 Ill. App. 3d 631 · Appellate Court of Illinois · Nov 23, 1983

The decision of the Board should not be set aside by a reviewing court unless the opposite conclusion is clearly evident. … Therefore, we hold that Everly established no conflict of interest by the corporation counsel.

Frigo v. Silver Cross Hosp. and Medical Center

377 Ill. App. 3d 43 · Appellate Court of Illinois · Sep 20, 2007

Kirchner was qualified for category II privileges through a grandfather clause. Pawlak testified that there was no grandfather clause in the rules. … (West 2000)) does not immunize Silver Cross against plaintiff's claims based upon the hospital's credentialing decisions.

Sobczak v. General Motors Corp.

Appellate Court of Illinois · May 23, 2007

Parameters are established for the operation of the muffler, which is a pass-through vessel. … Further, Sobczak urges, Colver would have established the proximate cause of the fire.

Craig v. Central National Life Insurance

16 Ill. App. 2d 344 · Appellate Court of Illinois · Mar 10, 1958

No rule is more firmly established than that pertaining to the construction of insurance policies in which an ambiguity is found to exist. … The defendant insists that the language used in Part II of the policy is not of doubtful meaning and clearly indicates that it was the intention of the parties to thereby exclude liability of plaintiff for hospital expenses

In re Stephen K.

Appellate Court of Illinois · Apr 13, 2007

The mother, Kathy K., contends that: (1) the State failed to establish S. … Moreover, the record below clearly establishes that evidence of S.K.’s post-foster-care hospitalization already came into evidence 33 Nos. 1-06-2135 & 1-06-2061 cons.

Village of Franklin Park v. Sardo

2020 IL App (1st) 191161 · Appellate Court of Illinois · Apr 8, 2021

Id. ¶ 25 Finally, we examine mixed questions of law and fact under the intermediate, clearly erroneous standard. … In short, Miller’s inability to establish that an act of duty aggravated his PTSD precluded him from eligibility for a line-of-duty pension.

People v. James H.

405 Ill. App. 3d 897 · Appellate Court of Illinois · Dec 23, 2010

Though the petition lacks strict adherence to the statute, prior case law has established this error is harmless. 2. … Respondent failed to establish both he objected to the error at trial and he suffered prejudice.

Berlin v. Sarah Bush Lincoln Health Center

279 Ill. App. 3d 447 · Appellate Court of Illinois · Apr 12, 1996

It can be done only by a duly qualified human being, and to qualify something more than mere knowledge or skill is essential.’ ” (Emphasis added.) … may obtain a license to practice medicine and that no corporation can qualify.

Copeland v. McLean

327 Ill. App. 3d 855 · Appellate Court of Illinois · Feb 6, 2002

[Petitioner] has established that said conduct had an adverse effect on her which is necessary for a finding of mental cruelty.” … The trial court was entitled to conclude subjecting an elderly, terminally ill woman to any form of hardship, as here, qualified as mental cruelty.

County of Peoria v. Illinois State Labor Relations Board

305 Ill. App. 3d 827 · Appellate Court of Illinois · Jun 22, 1999

Thus, we review under the clearly erroneous standard because it is a mixed question of law and fact. … (Ill.) par. 2030, the Board refused to fragment a well-established bargaining unit that could result in employees obtaining different terms and conditions of employment than their fellow unit members.

Lombard Park District v. Chicago Title & Trust Co.

103 Ill. App. 2d 1 · Appellate Court of Illinois · Nov 27, 1968

Rogers, supra, 112, 113 , specifically approved the reasoning of the Becker case and stated that the reasonable probability of rezoning is a proper factor to consider in establishing value. … We agree, however, with the trial court that the expert witnesses for the defendants stated sufficient relevant factors to support their belief concerning a reasonable probability of rezoning the property to qualify the admission

People v. Loggins

2019 IL App (1st) 160482 · Appellate Court of Illinois · Aug 26, 2019

McCalpine was qualified to opine about the general practices of cocaine distribution. … It was defendant’s burden to establish plain error. People v. Thompson, 238 Ill. 2d 598, 613 (2010).

Haake v. TOWNSHIP HIGH SCHOOL GLENBARD

399 Ill. App. 3d 121 · Appellate Court of Illinois · Mar 15, 2010

Finally, the defendant argues that the benefits were limited to those retirees who qualified to participate in an early retirement option (ERO) under the Teachers’ Retirement System, and 23 of the plaintiffs did not qualify … First, the Seventh Circuit’s statements were clearly obiter dicta, as the argument the court purported to reject had not been raised and thus was not before the court. See People vc.

Dept of Corrections v. Human Rights Comm'n

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.

Irizarry v. Illinois Central Railroad Company

377 Ill. App. 3d 486 · Appellate Court of Illinois · Nov 21, 2007

In that case, plaintiffs challenged the constitutionality of section 5(a) of the Illinois Workers’ Compensation Act, which appeared to confer immunity to general contractors from actions for damages by injured employees … Where a right to such a cause of action has not been established, there can be no basis upon which to claim a constitutional deprivation of a vested property right.

City of Chicago v. Air Auto Leasing Co.

Appellate Court of Illinois · Jun 29, 1998

Regardless, an exception made for transfers in the ordinary course of business would be contrary to the purpose of the citation process since service of a citation to discover assets is clearly designed to ascertain and freeze … Thus, he cannot invoke the protection afforded to corporate officers by the qualified privilege.