Case law

Department of Natural Resources v. Waide

992 N.E.2d 187 · Appellate Court of Illinois · Jul 17, 2013

Inc., 338 F.3d 730, 734 (7th Cir. 2003). ¶ 31 Although the law disfavors estoppel against governmental entities, “the reluctance to apply equitable principles against the State does not amount to absolute immunity … Here, the Department was an active participant to the execution and receipt of the 1960 deed clearly excepting one-fourth mineral interests to the defendants.

Reed v. Country Place Apartments Moweaqua I, L.P.

2016 IL App (5th) 150170 · Appellate Court of Illinois · Jun 13, 2016

¶ 14 We turn, therefore, to the issue of immunity under the Act. … common law, the Murphy-Hylton court concluded that the Act must be interpreted narrowly, as evidenced by the general rule of law that when the General Assembly intends to abrogate the common law, that intent must be clearly

Henson v. Macon County Jail

2025 IL App (5th) 230473-U · Appellate Court of Illinois · Jun 27, 2025

The defendant argued that the applicable statute of limitations for tort claims against a government entity was one year, pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act … A small claims complaint is to be liberally construed; the complaint is sufficient where it clearly notifies the defendant of the nature of the claim. Porter v. Urbana-Champaign Sanitary District, 237 Ill.

People v. Barajas

322 Ill. App. 3d 541 · Appellate Court of Illinois · May 15, 2001

Officer Souchet’s testimony established that on August 18, 1997, at approximately 11 p.m., he made a traffic stop at 2317 North Milwaukee. … organizational structure of the [gang] was relevant to the State’s case in order to demonstrate defendant’s possible motive for shooting [the victim], facts about gang rivalries, presentment, graffiti, tattoos, and drug sales clearly

Lee v. Calfa

174 Ill. App. 3d 101 · Appellate Court of Illinois · Aug 24, 1988

In an action against an insurance agent for damages sustained as a result of the agent’s alleged failure to obtain proper insurance coverage, expert testimony was unnecessary to establish a standard of care. … The trial court has the discretion to determine which instruction shall be given, and the exercise of such discretion will not be disturbed on review unless it has been clearly abused. (Clarkson v.

Doria v. Village of Downers Grove

397 Ill. App. 3d 752 · Appellate Court of Illinois · Dec 29, 2009

defendant to introduce a defective affidavit into evidence and that the trial court erred in concluding that defendant was not liable pursuant to section 3—102(a) of the Local Governmental and Governmental Employees Tort Immunity … Plaintiff argues that, even so, an affidavit that asserts an opinion must qualify as expert testimony (Protective Insurance Co. v. Coleman, 144 Ill.

Northern Illinois Gas Co. v. The Illinois Commerce Commission

2025 IL App (3d) 240093 · Appellate Court of Illinois · Dec 1, 2025

The Commission then found that Nicor had failed to show that the other qualifying vintage material posed similar risks to LPP material, that replacement of the qualifying vintage material was required in place … An agency decision is clearly erroneous when “the reviewing court, on the entire record, is left with the definite and firm conviction that a mistake has been committed.”

In Re Nancy M.

250 Ill. Dec. 844 · Appellate Court of Illinois · Nov 8, 2000

However, the jury’s verdict simply states that respondent qualifies for the involuntary administration of psychotropic medication. … The verdict here fails to show that the jury clearly intended to authorize the involuntary administration of all three medications.

Cutler v. Northwest Suburban Community Hospital, Inc.

Appellate Court of Illinois · Nov 29, 2010

Taylor was qualified to author the report. … Taylor was qualified to author the physician's report.

Harvey Pre-school for Exceptional Children v. Bowling

85 Ill. App. 3d 1139 · Appellate Court of Illinois · Jun 17, 1980

a party claiming an exemption has the burden to prove clearly and conclusively that he is entitled to the exemption.” … school population, although acknowledging that the statute does not provide public education for them, the School asserts that it is not necessary for a program to exactly mirror a program offered in a public school to qualify

People v. Gholston

332 Ill. App. 3d 179 · Appellate Court of Illinois · Jun 27, 2002

“A rule that qualifies under this exception must not only improve accuracy, but also ‘alter our understanding of the bedrock procedural elements’ essential to the fairness of a proceeding.” (Emphasis omitted.) Sawyer v. … Ct. 1712 (1986) (Batson), and other cases related to the rule established in Gideon.

Jaffe v. Chicago Warehouse Lumber Co.

4 Ill. App. 2d 415 · Appellate Court of Illinois · Mar 7, 1955

An examination of the record in this case clearly shows that Taxey exercised complete control over all the corporation’s affairs. … Knowledge, on the part of his wife and son, of Taxey’s commitment to Jaffe is clearly established.

Medow v. Flavin

Appellate Court of Illinois · Nov 27, 2002

This latter clause, however, clearly relates to the former–"[Medow's] association with Way to Go Travel was terminated on August 25, 1988[,] for theft." … Pertinence The litigation privilege provides immunity from civil suit for defamatory statements made preliminary to or during the course of litigation so long as the defamatory matter is pertinent to the litigation.

People v. Grant

104 Ill. App. 3d 183 · Appellate Court of Illinois · Apr 7, 1982

The burden of establishing that he was not responsible for a delay and is entitled to discharge rests upon the defendant. (People v. Pearson (1980), 88 Ill. App. 3d 616 , 410 N.E.2d 958 .) … This two-day period was clearly a delay caused by or contributed to by the defendant.

Collgood, Inc. v. Sands Drug Co.

5 Ill. App. 3d 910 · Appellate Court of Illinois · Jun 8, 1972

The same conclusion was reached by plaintiffs’ second expert witness, a qualified fire inspector, who testified from the facts presented in hypothetical form. … The record clearly shows that the subrogation receipts were admitted into "evidence by stipulation of both parties for the limited purpose of proving the insuror’s right of subrogation, and that the witness Pulley’s testimony

Kemnitz v. Semrad

206 Ill. App. 3d 668 · Appellate Court of Illinois · Jun 29, 1990

The medical standard of care must be that of a reasonably well-qualified practitioner in the locality where the defendant doctor practices (Purtill v. … to establish a deviation.

Casey v. Penn

45 Ill. App. 3d 573 · Appellate Court of Illinois · May 12, 1977

Plaintiff argues that the evidence of defendant’s negligence was clearly established on two points: (1) defendant’s decision to employ an open reduction procedure and thé complete lack of an initial examination of the plaintiff … Stat. 1975, ch. 110A, par. 236(a)) provides that a business record which qualifies shall be admitted into evidence without introducing all other circumstances of its making.

Fennerty v. City of Chicago

33 N.E.3d 737 · Appellate Court of Illinois · May 18, 2015

-3- No. 1-14-0679 to section 3-106 of the Tort Immunity Act. … ¶ 21 In so holding, the Tagliere court followed the established rule that to find an entity guilty of willful and wanton conduct under the Tort Immunity Act, one must show it had actual or constructive knowledge of

People ex rel. Tillery v. Ginsberg

141 Ill. App. 3d 634 · Appellate Court of Illinois · Mar 17, 1986

The instructions stated that one of the elements necessary for the plaintiff to prove in order to establish defendant’s paternity was that the child had never been adopted. … But even assuming that the complaint defectively stated the cause of action, the court nevertheless had subject matter jurisdiction because the complaint clearly sounded in paternity.

In Re Marriage of Jawad and Whalen

326 Ill. App. 3d 141 · Appellate Court of Illinois · Nov 28, 2001

Following this initial testimony, Dawn tendered Dabbagh to the trial court to be qualified as an expert. … Standing alone, these findings do not establish that Dhia is at risk to abduct the children. Moreover, we note that Dr.