Case law

Caro v. Blagojevich

Appellate Court of Illinois · Sep 26, 2008

ANALYSIS To establish entitlement to preliminary injunctive relief, a plaintiff must show (1) a clearly ascertainable right in need of protection, (2) that he will suffer irreparable harm without protection of that … More clearly, though, the trial court's order states that plaintiffs "seek to enjoin the FamilyCare Program," not just a portion of it.

People v. Hernandez

204 Ill. App. 3d 732 · Appellate Court of Illinois · Aug 15, 1990

We further determined in Brown that, even absent the qualifying age limitation present in People v. Odle (1988), 128 Ill. 2d 111 , under the similarly worded death penalty statute (Ill. Rev. … Such references clearly were irrelevant at the guilt phase of the proceedings.

Board of Education of City of Chicago v. Industrial Comm'n

182 Ill. App. 3d 983 · Appellate Court of Illinois · May 5, 1989

Therefore, the issue raised is whether or not claimant’s mental illness under the facts here presented qualifies as an occupational disease which arose out of and in the course of his employment and that the disease developed … A comparison of the facts in Pathfinder with the facts in this case clearly demonstrates that the event described by claimant was not the sudden severe emotional shock that the supreme court found to be compensable in Pathfinder

In Re KT

361 Ill. App. 3d 187 · Appellate Court of Illinois · Sep 23, 2005

Traci Powell, respondent's treating psychiatrist since March 2002, was qualified as an expert in the field of psychiatry. During therapy, Dr. … A trial court's finding is against the manifest weight of the evidence if a review of the record clearly demonstrates that the opposite result would be the proper one.

Hirn v. Edgewater Hospital

86 Ill. App. 3d 939 · Appellate Court of Illinois · Jul 21, 1980

The physician could use a “cutdown” method where an incision is made to clearly expose the artery or, in the alternative, the brachial artery in the arm could be used because it is easier to locate. … The plaintiff argues that the “defendant was permitted to ‘qualify’ her expert witness by questioning one of plaintiff’s experts as to his reputation.”

Schultz v. Chicago City Bank & Trust Co.

316 Ill. App. 540 · Appellate Court of Illinois · Dec 9, 1942

The result is, that the place of residence is prima facie the domicile, unless there be some motive for that residence not inconsistent with a clearly established intention to retain a permanent residence in another place … His statements and his actions clearly show that he intended to remain permanently in California.

Bluestein v. Upjohn Co.

102 Ill. App. 3d 672 · Appellate Court of Illinois · Dec 17, 1981

Again, we do not believe that the record establishes this as a reasonable hypothesis by which the special finding and general verdict can be reconciled. … Upjohn presented testimony by several highly qualified experts in the field of gastroenterology.

Ramsey Emergency Services, Inc. v. Illinois Commerce Commission

367 Ill. App. 3d 351 · Appellate Court of Illinois · Aug 31, 2006

lease or purchase the necessary unbundled network elements (UNEs) to establish the required network. … The Telecom Act does not mandate that providers be allowed to provide services in a given market where they may not be financially, technically, or managerially qualified to do so.

In Re Guardianship of Huseman

358 Ill. App. 3d 299 · Appellate Court of Illinois · Jun 7, 2005

Petitioner requested that an order be entered directing that Tekoa be properly evaluated by a qualified person or persons and that a report be prepared and filed at least 10 days prior to the hearing in accordance with the … An agreement will not be held void, as being contrary to public policy, unless it is `"clearly contrary to what the constitution, the statutes[,] or the decisions of the courts have declared to be the public policy or unless

Mitchell v. Cook County Officers Electoral Board

Appellate Court of Illinois · Mar 5, 2010

The Board conscientiously considered those objections and took appropriate curative action based upon established decisional law. … Consequently, this matter was clearly not before the Board at the outset.

People v. Andersch

107 Ill. App. 3d 810 · Appellate Court of Illinois · Jun 11, 1982

Therefore, the prosecutor’s comment that “the presumption does not continue once you go into the jury room and deliberate” is clearly erroneous, and not to be condoned by this court. … Defendant’s testimony established that he clearly threatened the unruly group by aiming and “levering” his rifle at them in the hallway. Defendant then retreated to his room, but did not attempt to close the door.

Bass v. Washington-Kinney Co.

119 Ill. App. 3d 713 · Appellate Court of Illinois · Nov 18, 1983

The record establishes that at the time of the accident, Bass was employed by the Sovereign Hotel, 1040 West Granville, Chicago, as a building engineer. … In the present case, because the issue of damages was never reached by the jury, plaintiffs were clearly not prejudiced in any way.

Kepple & Co. v. Cardiac, Thoracic & Endovascular Therapies, S.C.

396 Ill. App. 3d 1061 · Appellate Court of Illinois · Dec 16, 2009

no-hire, nonsolicitation and noncompetition clause, which provided that neither corporation would solicit the other corporation’s employees or hire the other corporation’s employees without a release from that corporation or establish … In so doing, the trial court made numerous findings and conclusions, which can be summarized as follows: (1) Cardiac Thoracic did not qualify as a competing business of Kepple’s as defined in the employment contract; (2)

Riggs v. Woman to Woman, Obstetrics & Gynecology, P.C.

286 Ill. Dec. 12 · Appellate Court of Illinois · Jul 8, 2004

Clearly, there is a difference. … Defendant asserts that its inadvertent failure to register should not excuse plaintiff from performing under the agreement and that the relevant policy considerations clearly establish that the trial court’s punishment did

People v. Wills

44 Ill. App. 3d 585 · Appellate Court of Illinois · Nov 24, 1976

Casper testified before the grand jury a second time on May 10,1974, under a grant of immunity. Defendant had already been indicted. … The court also observed that even if this conclusion was “not so as an established fact, the uncertainties as to what the swearer thought the interrogator thought by the words ‘operation or processing’ are such that neither

One Equal Voice v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Sep 26, 2002

Accordingly, we review the Board's decision under the clearly erroneous standard. … Without having considered the appropriate test to the given set of facts, we find that the decision of the Board was clearly erroneous.

Grainger v. Harrah's Casino

18 N.E.3d 265 · Appellate Court of Illinois · Sep 16, 2014

A reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant. Id. at 274; see also Stift v. … Our supreme court has never held or implied that a defendant in a false imprisonment case may establish that he had probable cause to detain the plaintiff only if he shows that he conducted a reasonable investigation before

In Re Marriage of Agustsson

223 Ill. App. 3d 510 · Appellate Court of Illinois · Jan 8, 1992

However, the movant carries the burden of establishing sufficient grounds to vacate. Kosten v. St. Anne’s Hospital (1985), 132 Ill. App. 3d 1073, 1080 . … Therefore, we find that the evidence clearly and convincingly meets the test articulated in Keller ( 180 Ill. App. 3d at 548 ).

Village of Chadwick v. Nelson

95 N.E.3d 1230 · Appellate Court of Illinois · Dec 15, 2017

The trial court rejected Talea’s contention that her farm qualified for immunity under the Act. … For example, the definition in section 2 contains no restrictions on the type or scope of agricultural activity necessary to qualify as a “farm.”

People v. Scott

285 Ill. App. 3d 95 · Appellate Court of Illinois · Dec 3, 1996

We believe that established precedent supports defendant’s position, rather than the State’s. … When he serves his sentence, he will qualify for the credit if he complies with the conditions of the statute. Defendant’s disorderly conduct conviction and sentence therefore are reversed.