Case law

Jackson v. Shell Oil Co.

208 Ill. Dec. 958 · Appellate Court of Illinois · May 16, 1995

If, on the other hand, both elements were established, the circuit court was in error. … Jackson’s failure to establish a business inviter-invitee relationship with Shell Oil is fatal to his case.

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.

Buckner v. The University Park Police Pension Fund

983 N.E.2d 125 · Appellate Court of Illinois · Feb 1, 2013

The Board found that she established a disability but did not establish that the disability resulted from or was aggravated by the performance of an act of duty. … Retirement Board of the Policemen’s Annuity & Benefit Fund, 114 Ill. 2d 518, 521 (1986). ¶ 15 An officer who is injured when on duty does not qualify for an on-duty disability merely because she was on

People v. Johnson

385 Ill. App. 3d 585 · Appellate Court of Illinois · Sep 8, 2008

As a result, this type of decision is "generally immune from claims of ineffective assistance of counsel." … Defendant concedes that the statements qualified under a well-established exception to the hearsay rule, namely, the exception for prior inconsistent statements.

Burke v. Board of Review

132 Ill. App. 3d 1094 · Appellate Court of Illinois · May 1, 1985

the Illinois Department of Labor (Department), appeal from an order of the circuit court, entered in an administrative review proceeding, that reversed the Board’s determination that the plaintiff, Patrick Burke, was not qualified … A finding is against the manifest weight of the evidence if an opposite conclusion is clearly evident. Doran v. Department of Labor (1983), 116 Ill. App. 3d 471, 474 ; Meyers v.

Superdawg Drive-In, Inc. v. City of Chicago

109 Ill. App. 3d 525 · Appellate Court of Illinois · Aug 23, 1982

In Arnold’s opinion, a commercial establishment should not have the use of an adjoining alley where the establishment has at least one driveway providing access to a street. … This letter fails to set forth any facts and is clearly inadequate as a means of apprising Superdawg that it was in violation of an ordinance or regulation.

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.

Serio v. Equitable Life Assurance

184 Ill. App. 3d 432 · Appellate Court of Illinois · May 4, 1989

La Salle argues that it qualified under subsections 2— 408(a)(2) and 2 — 408(aX3) of the Code (Ill. Rev. Stat. 1983, ch. 110, pars. 2 — 408(a)(1), (a)(3)). … Clearly, La Salle falls within the parameters of this subsection.

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.”

Baggett v. Ashland Oil & Refining Co.

92 Ill. App. 2d 433 · Appellate Court of Illinois · Mar 4, 1968

Expert testimony for plaintiff established the fact that crude oil can, under certain circumstances, be as dangerous as nitroglycerin. … (Ky), 317 SW2d 477 (1958), involved dry ice, which is not an inherently dangerous substance, and is clearly inapplicable on the facts. Giddings v.

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.

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.

Kolacki v. Verink

Appellate Court of Illinois · Aug 8, 2008

Defendants dispute plaintiff’s claim of dual capacity and assert that the record before this court clearly establishes that both defendants were working as employees or agents of Silvercrest at the time of the accident … Laura’s deposition testimony clearly established that the 6 horse in question was not being sold by Silvercrest or defendants at the time of plaintiff’s injury.

People v. Price

428 Ill. Dec. 826 · Appellate Court of Illinois · Dec 24, 2018

criminal court (730 ILCS 5/5-4.5-105(a) (West Supp. 2015) ) and made firearm enhancements discretionary, rather than mandatory, for such individuals (730 ILCS 5/5-4.5-105(b) (West Supp. 2015) ). ¶ 5 Rasaan's counsel was clearly … It was based on well-established principles of statutory construction. ¶ 16 As the Howard court explained, to determine whether a statute applies retroactively, Illinois courts apply the two-step analysis set forth in Landgraf

Lagen v. Balcor Co.

210 Ill. Dec. 773 · Appellate Court of Illinois · Jul 27, 1995

Defendants provided ample warning that real estate investments were not immune to economic forces such as interest rates, employment, building occupancy, competition and operating expenses. … By contrast, we have already held that the PPMs in the present case clearly revealed the risks, conflicts, and uncertainties of the limited partnerships.

Clark v. Illinois State Board of Elections

2014 IL App (1st) 141937 · Appellate Court of Illinois · Oct 17, 2014

County of Cook, 191 Ill. 2d 493, 503 (2000) (interpreting the Local Governmental and Governmental Employees Tort Immunity Act); Barnett v. … Under the clause, every qualified voter has a right to vote and all votes must have equal influence. Chicago Bar Ass’n v. White, 386 Ill. App. 3d 955, 959 (2008).

Rabin v. Karlin and Fleisher, LLC

Appellate Court of Illinois · Mar 18, 2011

Rather, an employee must show that the discharge violated the public policy that the cited provision clearly mandates.”). … The phrase ‘clearly mandated public policy’ implies that the policy will be recognizable simply because it is clear.

Central States Threshermen's Reunion, Inc. v. Department of Revenue

219 Ill. App. 3d 26 · Appellate Court of Illinois · Sep 12, 1991

The burden of proving and establishing a right to exemption is upon the party seeking the exemption. (Harrisburg-Raleigh, 126 Ill. 2d at 331 , 533 N.E.2d at 1074 .) … It is therefore incumbent upon the plaintiff to show clearly that the organization and the use of its property come within the provisions of the statute and the constitution. Rogers Park Post No. 108 v.

Mitchell v. Michael's Sports Lounge

240 N.E.3d 603 · Appellate Court of Illinois · Dec 13, 2023

See Ferguson, 202 Ill. 2d at 313 (finding that the one-year limitation period in the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101 (West 1998)) required the plaintiff to file her medical … We find that this is clearly a sudden traumatic event, which would trigger the one-year limitation period under the Dramshop Act.

Koulegeorge v. Human Rights Commission

250 Ill. Dec. 208 · Appellate Court of Illinois · Sep 29, 2000

It would be unnecessary to require a respondent to present testimony or other evidence where a petitioner has clearly failed to meet its initial burden of establishing a prima facie case, as more fully discussed below regarding … The ALJ clearly applied the correct standard in considering the evidence presented by petitioner.