Case law

Phifer v. Gingher

2017 IL App (3d) 160170 · Appellate Court of Illinois · Jul 14, 2017

-4- ¶ 23 Next, both sides agree the records at issue qualify as mental health records that are normally privileged under the Act. … establishes in the trial court a compelling need for its production.”

Stanila v. Joe

2020 IL App (1st) 191890 · Appellate Court of Illinois · Dec 22, 2020

Clearly, defendant’s July 25, 2019, motion, which on its face, was of the type contemplated by the Code and was timely filed. … CONCLUSION - 12 - No. 1-19-1890 ¶ 29 In sum, the record before us does not establish this court’s jurisdiction to consider defendant’s appeal and we must, therefore

Mashni Corp. v. Laski

Appellate Court of Illinois · Jun 21, 2004

Reading these provisions together, we conclude that the revocation documents filed in this instance were deficient and, therefore, did not qualify as "revocations." … We find that there were clearly stated statutory standards for revocation documents and that the trial judge erroneously disregarded these standards.

People v. Henne

165 Ill. App. 3d 315 · Appellate Court of Illinois · Jan 26, 1988

Krail Lattig was qualified as a forensic scientist expert and testified his specialty includes footwear identification. … The record clearly establishes that counsel attacked the victim’s identification through various means. The victim’s courtroom testimony shows she was very strong on her in-court identification.

Cahman v. Agency Rent-A-Car Systems, Inc.

Appellate Court of Illinois · Sep 30, 1997

This is clearly not the intent of the legislature. … Instead of establishing an escrow account for taxes and insurance, plaintiffs pledged a certificate of deposit as permitted by the Escrow Act. Defendant charged plaintiffs a fee for doing so.

City of Park Ridge v. Illinois Labor Relations Board

2024 IL App (1st) 221924-U · Appellate Court of Illinois · Oct 28, 2024

The City argues that that  1-22-1924 the Board’s decision is clearly erroneous. … Ortlund did not believe that section 10.6 of the CBA allowed the fire chief to establish which employees were qualified to trade shifts.

People v. Rowell

2021 IL App (4th) 180819 · Appellate Court of Illinois · Jan 26, 2021

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis “shall not be considered an unlawful user” and that medical cannabis “purchased by a qualifying patient at a licensed … However, Illinois law clearly provides that if the officers had probable cause to search the vehicle for cannabis, they were justified in searching any containers that had a reasonable likelihood of containing

Courtney v. BD. OF ED. OF CHICAGO

6 Ill. App. 3d 424 · Appellate Court of Illinois · Jun 28, 1972

." • 1, 2 The standards which must be applied in testing the sufficiency of a complaint are well established. Section 33(1) of the Civil Practice Act (Ill. Rev. … While the certificates were still effective the Board gave another principal's examination and issued another list of acceptable and qualified candidates.

Moreland v. Retirement Board of the Policemen's Annuity & Benefit Fund of Chicago

259 N.E.3d 236 · Appellate Court of Illinois · Nov 15, 2024

In the case at bar, [the officer] presented evidence which established that she had chronic back pain which severely limited her ability to sit, stand, walk, drive, and wear a gunbelt. … This court concluded “where the medical evidence established that his line-of-duty injury prevented him from performing duties of an active police officer and no evidence was presented that he was offered a limited duty

Chiero v. Chicago Osteopathic Hospital

74 Ill. App. 3d 166 · Appellate Court of Illinois · Jun 21, 1979

Failed to consult with the anesthesiologist or provide a properly qualified anesthesiologist prior to sedation.” … medical testimony, where the issue is clearly one which cannot be determined by laymen alone, summary judgment could be allowed.”

Shine v. Wabash Railroad

8 Ill. App. 2d 521 · Appellate Court of Illinois · Mar 1, 1956

Presumptions are never indulged in against established facts.” … While the above in our opinion clearly states the applicable law, the exceptions defined therein were not necessary to the opinion. In Bernier, Adm’r v. Illinois Cent. R.

Crabtree v. St. Louis-San Francisco Railway Co.

89 Ill. App. 3d 35 · Appellate Court of Illinois · Sep 26, 1980

, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” ( 404 U.S. 97,106 , 30 L. … We cannot say that the decision in Liepelt established a new principle of law whose resolution was not clearly foreshadowed by past precedent. See Domeracki v.

Murillo v. Page

294 Ill. App. 3d 860 · Appellate Court of Illinois · Feb 4, 1998

A decision on a motion to dismiss is a matter of discretion for the trial court, and a complaint should not be dismissed unless it clearly appears that no set of facts can be proved which entitles plaintiff to recover. … A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of state law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

Schemerhorn v. Mitchell

15 Ill. App. 418 · Appellate Court of Illinois · Oct 3, 1884

The evidence very clearly shows that after the execution of the mortgage and before the levy the mortgagors went on and sold nearly all the stock in trade on hand when the mortgage was executed and replaced it with other … The two last cited cases hold that something more than mere reputation is necessary to establish the title of an officer when he interposes a plea of justification in his own defense, but we do not understand them to hold

Ragan v. AT & T CORP.

355 Ill. App. 3d 1143 · Appellate Court of Illinois · Mar 1, 2005

The Seventh Circuit found that the CSA clearly provided a mechanism for rejecting the offer and that the customer had a reasonable opportunity to reject the offer but failed to do so. … The arbitration process established by this section is governed by the [EAA], 9 U.S.C. §§ 1-16 . You have the right to take any dispute that qualifies to small claims court rather than arbitration.

Caterpillar, Inc. v. Illinois Commerce Comm'n

Appellate Court of Illinois · Mar 24, 2004

Clearly, it may grant or deny a petition, or take no action on the petition. … With this consideration in mind, we do not believe appellants have overcome their burden of establishing the Commission's order was unreasonable.

Anderson v. City of Kewanee

99 Ill. App. 3d 456 · Appellate Court of Illinois · Aug 27, 1981

The concepts of res judicata and estoppel by judgment are clearly established. … Clearly, Warner and Anderson were involved in the three 79 suits for reinstatement.

Melliere v. Luhr Bros., Inc.

302 Ill. App. 3d 794 · Appellate Court of Illinois · Jan 14, 1999

For purposes of venue, there are three distinct ways that the residency of a corporation can be established. … Clair County and that the airport facility qualified as an other office under the venue statute. We will only address the other office provision of the venue statute.

In re Marriage of Cutler

334 Ill. App. 3d 731 · Appellate Court of Illinois · Oct 22, 2002

In establishing a market value in this case, Tzinberg used a multiplier of gross revenues as a rule of thumb. … These restrictions clearly have a significant negative impact on the fair market value of the agency.

People v. Weninger

243 Ill. App. 3d 719 · Appellate Court of Illinois · Mar 30, 1993

The defendant, for the first time on appeal, contends that Rexroat was not adequately qualified as an expert witness. … We additionally note, however, that Rexroat was clearly qualified to give an opinion in this case.