Case law

Brady v. Prairie Material Sales, Inc.

190 Ill. App. 3d 571 · Appellate Court of Illinois · Nov 2, 1989

The language of the first paragraph appearing in emphasis above clearly and unambiguously expresses an intent on the part of plaintiffs to release any and all rights against any and all persons or other entities. … The Local Governmental and Governmental Employees Tort Immunity Act establishes various types of “tort” immunity for governmental entities, where the governmental entities’ liability is derivative and arises solely due to

People v. Robinson

233 Ill. App. 3d 278 · Appellate Court of Illinois · Aug 7, 1992

Our review of the record clearly indicates, however, that defense counsel never offered or argued the theories of admissibility at trial which defendant now makes on appeal. This issue has been waived. … Clearly, defense counsel was aware that his client had testified previously.

Parenti v. Wytmar & Co.

49 Ill. App. 3d 860 · Appellate Court of Illinois · Jun 27, 1977

Competition which is insubstantial, isolated or speculative, which does not involve business with present customers of Wytmar Co., and which does not take advantage of any trade secrets or confidential customers’ lists does not qualify … In seeking a forfeiture, Wytmar Co. failed to carry the burden of establishing clearly and convincingly that real, substantial and meaningful competition existed between Wytmar Co. and Parenti and Jacobs after Parenti left

People ex rel. Malone v. Mueller

328 Ill. App. 593 · Appellate Court of Illinois · Mar 8, 1946

The salary of fire marshal was $250 per month, which Malone duly received until May 16, 1943, when he filed a quo warranto proceeding in the circuit court of Peoria county to establish his title to the office of fire marshal … Hopkinson [ 1 Denio 574 ], supra, it is said: “Clearly he cannot recover fees or set up any right to property on the ground that he is an officer de facto unless he be also an officer de jure.”

People v. Fauntleroy

224 Ill. App. 3d 140 · Appellate Court of Illinois · Feb 3, 1992

We believe the circuit court was more than entitled to hold that this type of murder qualified as exceptionally brutal and heinous behavior. … We hold that this finding was not clearly erroneous.

People v. Fort

248 Ill. App. 3d 301 · Appellate Court of Illinois · Jun 4, 1993

Certainly, Brannigan was qualified to give expert testimony as to the hierarchy of the El Rukns. … App. 3d 325 , 472 N.E.2d 586 (reviewing court is entitled to have the issues clearly defined with pertinent authority cited and comprehensive legal argument presented).)

Tolve v. Ogden Chrysler Plymouth, Inc.

Appellate Court of Illinois · Aug 29, 2001

Pamela asked the salesman if she qualified, explaining that she completed a program at the Institute of Management at Illinois Benedictine College. … Furthermore, the weight of authority clearly favors equating the mailing date with the filing date for court documents which do not commence a new cause of action." Pakrovsky , 274 Ill. App. 3d at 518 .

Clark v. Human Rights Commission

312 Ill. App. 3d 582 · Appellate Court of Illinois · Mar 27, 2000

An "agency’s finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. Abrahamson v. Illinois Department of Professional Regulation, 153 Ill. 2d 76 (1992). … First, a plaintiff must establish by a preponderance of the evidence a prima facie case of unlawful discrimination.

LaPointe v. Chrans

329 Ill. App. 3d 1080 · Appellate Court of Illinois · May 14, 2002

The trial court found the “wanton cruelty” factor and two of the death penalty qualifying factors (720 ILCS 5/9 — 1(b)(6), (b)(ll) (West 2000)) and sentenced petitioner to natural life imprisonment without parole. … This case is clearly controlled by Jackson and Hill.

Illinois State Chamber of Commerce v. Pollution Control Board

177 Ill. App. 3d 923 · Appellate Court of Illinois · Dec 29, 1988

Because administrative agencies are inherently more qualified to decide technical problems, this court, when reviewing administrative rules and regulations, may not invalidate a regulation unless it is clearly arbitrary, … Clearly, the Board did state, as appellants point out, that the “CAA requires that RACT rules, including that proposed here, be in place by December 31, 1987.”

People v. Coleman

Appellate Court of Illinois · Mar 5, 2004

Clearly, after Swift , this enhanced sentence violates the principles of Apprendi . … , strangulation, stabbing and burning to prevent her from leaving the state and obtaining a divorce undoubtedly qualifies as brutal and heinous behavior on defendant's part.

People v. Mitchell

2011 IL App (1st) 83143 · Appellate Court of Illinois · Aug 5, 2011

Fourth, another qualified examiner must repeat these steps and arrive at the same conclusion. … If the above rule was in effect at the time of defendant’s trial, then the trial court’s ruling–that defendant’s prior opportunity to cross-examine barred his present right to perfect the impeachment–was clearly

Krivokuca v. City of Chicago

2017 IL App (1st) 152397 · Appellate Court of Illinois · Feb 22, 2017

" ¶ 32 The court agreed that section 3-102(a) "immunized the City from [the plaintiff's] personal injury claims *** because he has failed to establish that the City had constructive notice of the sinkhole or the water … ¶ 44 However, the Act clearly requires more than such "circumstantial evidence" of the nature of the injury to prove a municipality's negligence liability.

People v. Morris

301 Ill. App. 3d 603 · Appellate Court of Illinois · Dec 1, 1998

Officer Les Higgins then testified that he conducted the breathalyzer test administered to defendant and that he was qualified to operate the machine on the date of testing. … He contends that .011 is clearly greater than the .01 margin of error allowed by the regulation so the trial court’s ruling must be affirmed.

People v. Macias

2025 IL App (1st) 230678 · Appellate Court of Illinois · May 21, 2025

The parties stipulated that Macias had two qualifying prior felony convictions. ¶6 Macias called four witnesses in his defense. … Id. at 47-48 (threats to kill an inmate made years before he was found possessing a knife did not qualify as a specific and immediate threat); People v. Tackett, 169 Ill.

Messerly v. State Farm Mutual Automobile Insurance

277 Ill. App. 3d 1065 · Appellate Court of Illinois · Feb 23, 1996

In approximately June 1990, Marcacci contacted the Messerlys by mail to inform them they were qualified to receive coverage under State Farm. … Although the language of the statute in that case more clearly indicated the act of one could bind the other insureds, we find Huguet persuasive. The case of Hall v. Allstate Insurance Co. (1989), 53 Wash.

People v. Feazell

Appellate Court of Illinois · Oct 31, 2007

Feazell contends that Winstead’s testimony was substantive and does not qualify as a nonhearsay statement or as a hearsay exception. … Banks’ statements are clearly testimonial in nature.

People v. Fletcher

40 Ill. App. 3d 537 · Appellate Court of Illinois · Jul 29, 1976

The first issue is whether the evidence is sufficient to establish defendant’s guilt beyond a reasonable doubt. We find that it is. … A microscopic comparison by a qualified expert revealed that pry marks on the Hill trailer door were made by a screwdriver found underneath defendant’s clothing in a chest of drawers.

People v. Frazier

119 Ill. App. 3d 770 · Appellate Court of Illinois · Dec 5, 1983

Mark Tucker, testifying under a grant of immunity, stated that in February 1982, he told Lori Tucker that he had found a typewriter. This was not true. … Defendant had apparently established this ledger system because the office staff had difficulty locating police reports within the office.

People v. Keller

Appellate Court of Illinois · Dec 3, 2004

Our recognition of the importance of a procedural framework that has been clearly fixed in advance leads us to reject the reasoning of People v. Bramlett , 347 Ill. … We believe that the better approach is to adhere to the procedural framework established in Shellstrom , Pearson , and their progeny.