Case law

In Re Marriage of Steadman

283 Ill. App. 3d 703 · Appellate Court of Illinois · Sep 16, 1996

Wife contends that this unchallenged testimony establishes that in addition to the "retirement savings plan” or tax-deferred annuity account, a second retirement benefit existed that the parties intended be split equally … Holden, that such a qualified domestic relations order was scheduled to be presented instanter in court on October 19, 1995.

People v. Taylor

114 Ill. App. 3d 265 · Appellate Court of Illinois · Apr 18, 1983

Bradley held that since the legislature clearly intended to punish those who traffic in drugs more severely than those who merely possess drugs, a statute which established a more severe penalty for possession of certain … He has according to our laws, specifically Chapter 38, 1005— 3.2 [sic] qualified himself for an extended term.”

Mitchell Buick & Oldsmobile Sales, Inc. v. National Dealer Services, Inc.

138 Ill. App. 3d 574 · Appellate Court of Illinois · Nov 20, 1985

When dealing with wholesale buyers who are not established in your area, demand payment by certified check. Never accept sight drafts. … Also, there appears to be no other indication as to who to contact, i.e., who qualified as an authorized agent, for the purpose of filing a claim.

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.

In Re Marriage of Belk

239 Ill. App. 3d 806 · Appellate Court of Illinois · Jul 2, 1992

Regardless of how the issue was raised, however, the court clearly proceeded to decide that Diane had an enforceable claim to part of Allen’s disability payments. … Thus, by the time he started receiving benefits, he had already exceeded 20 years of service, and the wife’s entitlement to the retirement portion was established.

Dowling v. Otis Elevator Co.

192 Ill. App. 3d 1064 · Appellate Court of Illinois · Dec 29, 1989

App. 3d 374 , 408 N.E.2d 1129 , the evidence presented clearly established that the parties to the contracts in issue intended that the insurance provided by the contractors was to protect against any personal liability on … Moreover, the record does not indicate that the parties intended that the insurance coverage obtained by Otis protected Schal from liability and made Schal immune to suit for contribution on the basis of its pro rata share

People v. Hill

169 Ill. App. 3d 901 · Appellate Court of Illinois · Jun 20, 1988

No entry was demanded or made under color of office until probable cause had been established. … We will not reverse the determination of the fact finder unless it is clearly against the manifest weight of the evidence.

Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of America

330 Ill. App. 49 · Appellate Court of Illinois · Nov 20, 1946

The injunction clearly constitutes a previous restraint on publication. … immunity from previous restraints extends to the false and libelous as well as to the true.

Roberts Park Fire Protection District v. Village of Bridgeview

20 Ill. App. 3d 282 · Appellate Court of Illinois · May 6, 1974

That part of the Village which is located within the District has some residential uses and also some industrial and mercantile establishments. … This court does not wish to be placed in the position of approving a disconnection with resulting substantial loss of tax revenue to the District where the evidence shows so clearly that such action would impair the present

Peoria Housing Authority v. Sanders

2 Ill. App. 3d 610 · Appellate Court of Illinois · Dec 8, 1971

Defendant's income was sufficiently low that she qualified under the Housing Authority's program and an apartment was rented to her. … The rent was established by the Authority on the basis of defendant's income and expenses.

Ryan v. E.A.I. Construction Corp.

158 Ill. App. 3d 449 · Appellate Court of Illinois · Jul 21, 1987

Well-established rules govern Structural Work Act cases. The Act is designed to protect workers engaged in extrahazardous activities from certain risks inherent in the nature of their jobs. (Urman v. … Gordon was not qualified to testify whether the standards were incorporated by reference and even if so qualified, his testimony was an impermissible statutory interpretation. The record shows however that Mr.

People v. Bartlett

294 Ill. App. 3d 435 · Appellate Court of Illinois · Jan 27, 1998

To state a cause of action for fraud, a party must establish, inter alla, that a person made a false statement of material fact and that the aggrieved party justifiably relied on the truth of the statement. … the intent of the General Assembly clearly requires otherwise.

In re Commitment of Montanez

2020 IL App (1st) 182239 · Appellate Court of Illinois · Mar 23, 2021

Her major disagreement was about whether respondent qualifies as an SVP. ¶ 44 She did not believe that respondent qualified for two reasons. First, his age. … Smith—on the presence of a mental disorder). ¶ 71 Respondent next argues that, “[e]ven if the State established that Mr.

In Re Estate of Hughlett

113 Ill. App. 3d 910 · Appellate Court of Illinois · Mar 8, 1983

There remains for us the question which law determines who qualifies as a member of the class “right heirs,” that in effect at the execution of the will or that in effect at the date of distribution. … Tyler was adopted in 1919 before the will was executed in and of itself would be insufficient to establish a contrary general intent. Cf. Munie v.

Armenian Church of Lake Bluff v. Department of Revenue

2011 IL App (1st) 102249 · Appellate Court of Illinois · Jul 22, 2011

We will set aside an administrative decision as clearly erroneous only when we are left with the definite and firm conviction that a mistake was made. Grace Community Church, 409 Ill. … In addition, Reverend Michaels’ residence on the property qualifies as a parsonage, an alternative ground for exemption.

Bank One, Milwaukee, N.A. v. Loeber Motors, Inc.

293 Ill. App. 3d 14 · Appellate Court of Illinois · Nov 10, 1997

By filing its complaint, Bank One sought to enjoin the dealers from repossessing 10 vehicles and a declaratory judgment establishing Bank One as the rightful owner of said vehicles. … Clearly, Bank One qualifies as a "merchant” with respect to the transactions at issue here.

Rose v. Pucinski

321 Ill. App. 3d 92 · Appellate Court of Illinois · Mar 22, 2001

Plaintiffs are litigants who were compelled to pay the fee when they filed their lawsuits for various causes of action but did not qualify as users of the arbitration system. … The party who challenges a statute’s constitutionality bears the heavy burden of clearly establishing the violation alleged. People v. Jeffries, 164 Ill. 2d 104, 111 , 646 N.E.2d 587 (1995).

Dynek v. City of Chicago

2020 IL App (1st) 190209 · Appellate Court of Illinois · Jun 11, 2020

Moreover, an instruction does not justify reversal unless it “clearly misled the jury and resulted in prejudice to the appellant.” Schultz, 201 Ill. 2d at 274. … A special interrogatory’s response is inconsistent with a general verdict only where it is “clearly and absolutely irreconcilable with the general verdict.” (Internal quotation marks omitted.) Id. at 555-56.

Dan Pilson Auto Center, Inc. v. DeMarco

156 Ill. App. 3d 617 · Appellate Court of Illinois · Jun 10, 1987

It is well established that the determination of ownership, transfer of title, and whether a party qualifies as a “buyer in the ordinary course of business” is a question of fact for the trial court to determine. … Evidence clearly established that Pilson never transferred the certificates of title for the squad cars. Pilson claimed and Pyle confirmed that the cars were transferred along with a “delivery receipt.”

In re Brandon K.

2017 IL App (2d) 170075 · Appellate Court of Illinois · Oct 20, 2017

A determination of unfitness is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or the determination is unreasonable, arbitrary, or not based on the evidence presented … He concludes that the State failed to meet this standard because “one criminal conviction is not sufficient to establish unfitness based on depravity” and the State did not show that his murder conviction was