Case law

J.M. Process Systems, Inc. v. W.L. Thompson Electric Co.

218 Ill. App. 3d 350 · Appellate Court of Illinois · Aug 13, 1991

The Contractor shall procure from each subcontractor and supplier of material or labor a waiver of any claim which they may have under the mechanics lien laws of the state in which the work is located, to insure the Owner immunity … The pleadings, exhibits, and affidavits submitted in the case sub judice clearly establish that Process was required to furnish waivers of liens as a condition of payment.

State of North Dakota v. Prince

2025 IL App (3d) 240514 · Appellate Court of Illinois · Nov 18, 2025

The APN clearly references the disclosure statement and describes it in a way in which its identity may be ascertained beyond doubt. See 11 Samuel Williston & Richard A. … TILA disclosure, which is equivalent to the disclosure statements before this court, established the “amount in question.”

People v. ILLINOIS COMMERCE COMM'N

354 Ill. Dec. 662 · Appellate Court of Illinois · Sep 30, 2011

Although the Commission determined it was within its discretionary powers to authorize the rider, it noted Peoples Gas had failed to establish there was a "need" for such a rider. … The court held such action clearly conflicted with fundamental principals of ratemaking in Illinois. Id. at 207 , 124 Ill.Dec. 529 , 529 N.E.2d 510 .

People v. Dunn

Appellate Court of Illinois · Nov 8, 2001

In addition, the court is not immune from knowledge of the nature of an area in the city. See People v. Mack , 17 Ill. App. 3d 352, 355 , 307 N.E.2d 646 (1974); People v. Biocic , 80 Ill. … the constitutional distinctiveness of prior convictions, the Jones court noted, "[u]nlike virtually any other consideration used to enlarge the possible penalty for an offense, *** a prior conviction must itself have been established

Perlman v. Time, Inc.

64 Ill. App. 3d 190 · Appellate Court of Illinois · Sep 8, 1978

We believe that a genuine issue remains as to whether Perlman can establish each of the required elements of fraud. Time contends, however, that Perlman cannot establish the essential elements of falsity and injury. … For the reasons discussed, we do not believe that Time has clearly established the absence of any element necessary to Perlman’s fraud action.

Sekerez v. Rush University Medical Center

2011 IL App (1st) 90889 · Appellate Court of Illinois · Jun 30, 2011

Specifically, plaintiff questioned the trial court’s rulings which: (1) qualified Dr. Schlieben as a nephrologist/kidney expert; (2) allowed Dr. … barring testimony and cross-examination of defendants and their experts regarding the reduction of the Lovenox dosage based on the CT scan results; (4) the trial court erred in allowing defendants to qualify

Brzana v. Martin

211 Ill. App. 3d 415 · Appellate Court of Illinois · Mar 14, 1991

Whatever the purpose behind the establishment of the drug conference, once such procedures are established, they must be followed by the police department and its members, including the superintendent. See, e.g., Sye v. … Quite clearly, the rules provide that the personnel board shall decide the issue when a candidate’s disqualification is based on the mandatory drug-screening procedure.

Village of McCook v. Illinois Bell Telephone Co.

Appellate Court of Illinois · Nov 7, 2002

Sections 12 and 15.1 of the Act (50 ILCS 750/12, 15.1 (West 2000)), clearly demonstrate the legislature's intent that only the Attorney General would enforce compliance with the Act. … Section 15.1, the governmental immunity provision, expressly states that “[t]his Section may not be offered as a defense in any judicial proceeding brought by the Attorney General under Section 12 to compel compliance with

In re Detention of Lieberman

2011 IL App (1st) 90796 · Appellate Court of Illinois · Jun 30, 2011

When respondent was apprehended and then released on bond, he committed additional rapes because he thought that “the law had no teeth” and that he “was immune from the law.” Dr. … , 350 (2001) (“Where a word is used in different sections of the same statute, the presumption is that the word is used with the same meaning throughout the statute, unless a contrary legislative intent is clearly

Horace Mann Insurance v. Brown

236 Ill. App. 3d 456 · Appellate Court of Illinois · Oct 13, 1992

App. 3d at 492 ), the record clearly shows that Robert’s statement concerning his address was not collateral to his admission of guilt. … Defendants have failed to establish such an abuse of discretion. The judgment of the circuit court, therefore, is affirmed. Affirmed.

Cunningham v. RETIREMENT BD. FIREMEN'S ANN.

907 N.E.2d 463 · Appellate Court of Illinois · Apr 23, 2009

a new principle of law either (a) by overruling past precedent or (b) by deciding an issue of first impression the resolution of which was not clearly foreshadowed. … litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.

Slepicka v. State

2015 IL App (4th) 121103-B · Appellate Court of Illinois · Sep 16, 2015

May 30, 2007) (a provider participating in Medicaid must “[a]ccept as payment in full the amounts established by the Department”). ¶ 74 As the contract clearly said, however, it made no guarantee that … Nor do we find it to be “clearly evident” that defendant breached the duty of good faith and fair dealing by refraining from assigning plaintiff to a Medicaid-certified bed sooner than March 5, 2012. Id.

Salvation Army v. Department of Revenue

170 Ill. App. 3d 336 · Appellate Court of Illinois · May 19, 1988

Therese Finn, an expert in rehabilitation psychology, testified that she was familiar with the rehabilitation program established by the Salvation Army. … We clearly see this service of the thrift store as merely incidental and not as evidence of the fact that the primary use of the store is charitable.

Gordon v. Chicago Transit Authority

128 Ill. App. 3d 493 · Appellate Court of Illinois · Oct 30, 1984

To establish reasonable foreseeability, more than the mere possibility of an occurrence must be shown. Ortiz v. City of Chicago (1979), 79 Ill. App. 3d 902, 907 , 398 N.E.2d 1007 . … His testimony, that industry standards had been developed with respect to mass transit and that transit security was a “well developed specialty” with clearly defined standards and objectives, established a foundation for

People v. Anderson

234 Ill. App. 3d 899 · Appellate Court of Illinois · Aug 31, 1992

This comment clearly addressed the central premise of our legal system, that one is innocent until proven guilty. … The evidence clearly and convincingly shows that defendant killed decedent.

City of Geneso v. Pyrotem Properties, LLC

2022 IL App (4th) 220206-U · Appellate Court of Illinois · Nov 16, 2022

Defendants stated the deposition testimony of Mills and the City Administrator JoAnn Hollenkamp established the city council, not Mills, made the decision to demolish the Property. … We are mindful “[i]t is improper for a court to read exceptions, limitations, or conditions into the statute that conflict with clearly expressed legislative intent.” McIlvaine v. City of St.

Martin v. Federal Life Insurance Co.

164 Ill. App. 3d 820 · Appellate Court of Illinois · Dec 11, 1987

Only when the pleadings, depositions, and admissions on file, together with the affidavits, if any, clearly establish that there is no genuine issue as to any material fact, and that the movant is entitled to judgment as … We conclude, therefore, that we may abandon our holding in Stallman I insofar as it recognized the parent-child tort immunity doctrine in Illinois.”

People v. Wheatley

187 Ill. App. 3d 371 · Appellate Court of Illinois · Aug 11, 1989

The State’s witnesses established the following. … On appeal, defendant relies solely on Millan, which is clearly distinguishable from the present case. In Millan, the State moved to add a witness three days prior to trial.

American National Bank & Trust Co. v. City of Highland Park

29 Ill. App. 3d 878 · Appellate Court of Illinois · Jun 30, 1975

Nor did the evidence clearly establish the highest and best use from a purely financial aspect so as to make this a substantial factor in the decision. … This, however, is a qualified right and subject to the zoning powers of the City.

Board of Education v. Regional Board of School Trustees

88 Ill. App. 3d 121 · Appellate Court of Illinois · Aug 29, 1980

Dye also stated that additional levies could be made in the workmen’s compensation and tort immunity funds, thereby granting approximately $20,800. According to Dr. … The League believes that the establishment of coterminous boundaries is essential for a sense of community identity and for the avoidance of the duplication of services.