Case law

Norman v. U.S. Bank National Ass'n

2020 IL App (1st) 190765 · Appellate Court of Illinois · Jun 30, 2020

All notices or offers shall clearly show the date the offer or notice was sent.” Chicago Municipal Code § 5-14-050(a)(3) (amended Apr. 15, 2015). … Bank has not established that the trial court’s award was an abuse of discretion.

Doe v. Northwestern University

Appellate Court of Illinois · Jun 17, 1997

suffered when Northwestern sent the plaintiffs a letter informing them that a dental student who participated in their treatment had tested positive for human immunodeficiency virus (HIV), the virus that causes acquired immune … As the court said in Vallery , 630 So. 2d at 867 : "To recognize a cause of action *** when the presence of HIV is not shown (or, at the pleading stage, alleged), is clearly unsound.

ILLINOIS DEPT. OF PUBLIC AID EX REL. JENNINGS v. White

286 Ill. App. 3d 213 · Appellate Court of Illinois · Jan 8, 1997

The Illinois Department of Public Aid (Public Aid) established the defendant’s paternity of Cody on April 16, 1993, and the defendant was ordered to pay child support. … The defendant argues that his one-time FELA settlement does not qualify as income because it is not a periodic payment.

People v. Ross

139 Ill. App. 3d 674 · Appellate Court of Illinois · Dec 30, 1985

Section 122 — 2.1 establishes the following review procedure for post-conviction petitions: “Dismissal order — Docketing—Examination of file of conviction proceedings. … Once a petitioner satisfies this minimal standard in the trial court, he is eligible to qualify as an indigent for court-appointed counsel. Ill. Rev. Stat. 1983, ch. 38, par. 122 — 4.

Reed-Custer Community Unit School District No. 255-U v. City of Wilmington

253 Ill. App. 3d 503 · Appellate Court of Illinois · Jan 19, 1994

JUSTICE LYTTON delivered the opinion of the court: The City of Wilmington (City) adopted ordinances establishing a tax increment finance (TIE) district. … Clearly the trial judge did not err in finding that the land was not vacant.

People v. James

200 Ill. App. 3d 380 · Appellate Court of Illinois · Aug 2, 1990

Under these circumstances, K.S.’s statement qualifies as a spontaneous utterance and was properly admitted into evidence. … is required to establish the commission of the offense charged ***.”

People v. Thomas

266 Ill. App. 3d 870 · Appellate Court of Illinois · Sep 20, 1994

to avoid sentencing the Class 1 or 2 offender to a Class X sentence where the offender so qualifies under this provision”). … -Wigmore observes that it is impossible to fix with any certainty the years in which the classic exceptions to the rule were established.

People v. Peppers

352 Ill. App. 3d 1002 · Appellate Court of Illinois · Sep 30, 2004

The trial court’s statements do not clearly show an error. Defendant’s conviction was “not probationable” in the sense he was ineligible for standard probation. … More importantly, defendant failed to meet his burden to show he qualified for treatment under the Act.

Sarkis v. City of Des Plaines

378 Ill. App. 3d 833 · Appellate Court of Illinois · Feb 8, 2008

circuit court, that court reversed the Board’s decision and held that because Sarkis was dispatched to the scene and was acting for the public’s protection, the Board’s decision to deny Sarkis a line-of-duty pension was clearly … General Electric Co., 156 N.H. 202, 217-18 , 932 A.2d 831, 844 (2007) (discussing official immunity for police officers and observing that the “public safety entrusted to police officers demands that they remain diligent

Longstreet v. Cottrell, Inc.

Appellate Court of Illinois · May 17, 2007

Supreme Court Rule 212(a)(5) very clearly, and without qualification, excludes the use of a deceased party's discovery deposition. … The policy in Illinois, as established by the Illinois Supreme Court, specifically disallows the interpretation advanced by Jean Longstreet.

Cornstubble v. Ford Motor Co.

178 Ill. App. 3d 20 · Appellate Court of Illinois · Dec 2, 1988

McGlynn’s fall to establish the cause in fact of plaintiff’s fall was clearly erroneous. … Defendant, however, did not dispute on appeal that Harrenstien was qualified to be an expert witness.

Lenahan v. University of Chicago

Appellate Court of Illinois · Mar 31, 2004

Dismissal of a cause of action pursuant to section 2-615 is appropriate only when it clearly appears that no set of facts could ever be proved under the pleadings that would entitle the plaintiff to recover. Mt. … Doctor Liebowitz's conduct was sufficient to establish, at this preliminary pleading stage, a special relationship and corresponding duty toward the decedent.

In Re Estate of Goodkind

356 Ill. App. 3d 607 · Appellate Court of Illinois · Mar 14, 2005

Goodkind, the testator, did not, as it has been represented to the Court in the hearing, have anything that would qualify, really as substantial personal effects, household goods, automobiles, and other goods and chattels … As we have pointed out earlier, latent ambiguity is not established unless it is possible to interpret the language actually deployed in the will to be in alignment with the intent established by extrinsic evidence.

People v. Powell

355 Ill. App. 3d 124 · Appellate Court of Illinois · Dec 30, 2004

Burdunice, 211 Ill. 2d 264, 269 , 811 N.E.2d 678 (2004) (stating that “criminal law” qualifies as a legitimate single subject for a statute)), then all criminal statutes will qualify for cross-comparison analysis. … The risk of bodily harm clearly is greater where an offense involves the discharge of a firearm at someone, than it is where the offense merely requires the discharge of a firearm.

Hallowell v. University of Chicago Hospital

334 Ill. App. 3d 206 · Appellate Court of Illinois · Sep 6, 2002

If A’s testimony is offered for the purpose of establishing that B said this, it is clearly admissible — if offered to prove that event X occurred, it is clearly inadmissible.’ Carpenter, 28 Ill. 2d at 121 .” … People qualified in their fields stated their views and gave their reasons for these opinions. Nothing was said that was not grounded somewhere in the evidence.

People v. Dove

147 Ill. App. 3d 659 · Appellate Court of Illinois · Sep 15, 1986

Clearly, the informant Alsup did more than listen; and, just as clearly, his questions and conduct were deliberately designed to elicit incriminating remarks from the defendant. … We are not convinced that the above evidence establishes a basis for a coordinated action between Alsup and the police designed deliberately to elicit incriminating remarks from the defendant.

People v. Smith

257 Ill. App. 3d 252 · Appellate Court of Illinois · Dec 28, 1993

Defendant here clearly is guilty of a class 4 felony because of his 1978 burglary conviction. … The supreme court ruled this was permissible because no single factor was used both to establish the elements of defendant's crime and to sentence him to an extended term of imprisonment. ( Gonzalez, 151 Ill.2d at 85 , 175

Graf's Beverages of Illinois, Inc. v. Tauber

50 Ill. App. 3d 1047 · Appellate Court of Illinois · Aug 2, 1977

In any event, however, Tauber was clearly in default not only for having failed to file a timely appearance but for failure to file any responsive pleadings either by way of answer or motion, within the time required. … Tauber’s affidavit merely stated that “the original debt was not my obligation but the obligation of others,” with nothing more to qualify or reinforce this gratuitous statement.

First National Bank v. Lowrey

Appellate Court of Illinois · Jun 29, 2007

In this case, we believe the record clearly establishes that the trial court in the underlying action would have approved the settlement. … App. 3d at 674 (finding that a release entered into as part of a settlement agreement did not establish a debtor-creditor relationship and thus qualify as an instrument in writing because the obligation to pay arose out

People v. Bayless

99 Ill. App. 3d 532 · Appellate Court of Illinois · Aug 21, 1981

In the instant case, the trial court’s determinations were clearly not palpably erroneous. … Clearly it could be used as a bludgeon to inflict serious harm to an individual struck about the head or face.