Case law

Manasse v. Holleb

143 Ill. App. 3d 438 · Appellate Court of Illinois · May 6, 1986

These legacies clearly constitute a benefit obtained by operation of the will. See In re Estate of Johnson (1976), 39 Ill. App. 3d 246, 253 , 350 N.E.2d 310 . … The doctrine of election was clearly designed to address such inconsistent positions as this, and to preempt such activity.

People v. Jones

2013 IL App (1st) 113263 · Appellate Court of Illinois · Feb 24, 2014

Defendant has the burden of establishing both elements of the cause-and-prejudice test in order to prevail. … Id. ¶ 20 We find that Bounds is clearly distinguishable from the case at bar for several reasons.

Barnard v. City of Chicago Heights

295 Ill. App. 3d 514 · Appellate Court of Illinois · Mar 4, 1998

employment; (3) defendants were not vicariously liable for Pavesich’s alleged sexual assault; (4) plaintiff was unable to prove the requisite notice element for all of her claims against defendants; (5) defendants were immune … The Maksimovic court determined that the plaintiffs claims of assault, battery and false imprisonment “clearly,” under the Geise standard, were not inextricably linked to her claim of sexual harassment; rather, “[t]he sexual

Suwalski v. Suwalski

112 Ill. App. 2d 98 · Appellate Court of Illinois · Apr 1, 1969

However, the court did hold that the contract was “clearly apparent from the four corners of the will,” and the will was upheld. … Under these decisions the will in the instant case established a contract.

Benjamin v. Cablevision Programming Investments

132 Ill. App. 3d 943 · Appellate Court of Illinois · Apr 17, 1985

The notice stated that plaintiff’s right to void the sale was premised on defendants’ failure to register the security pursuant to section 5 of the Illinois Act and their failure to qualify for any exemption therefrom, particularly … It is, however, clearly established in Illinois that in construing a statute, the language must be given its plain and ordinary meaning. (City of East Peoria v.

The Board of Education of Valley View Community Unit School District No. 365-U v. Illinois State Board of Education

2013 IL App (3d) 120373 · Appellate Court of Illinois · Oct 25, 2013

Reid strongly disagreed with this 2009 evaluation. ¶ 22 The District then established a “Final Remediation Plan” for Reid, effective on January 11, 2010. … David Hehl, described as a “qualified administrator.”5 ¶ 23 According to the hearing officer, Nylander testified extensively about her informal observations of Reid occurring after January 11, 2010, and

Wadden v. Village of Woodridge

193 Ill. App. 3d 231 · Appellate Court of Illinois · Jan 16, 1990

Summary judgment is a drastic measure, to be granted only where the evidence construed most strongly against the moving party establishes clearly and strongly and without doubt the right thereto. (Becovic v. … We are of the opinion that the evidence before the trial court clearly established that the position of golf professional was abolished rather than replaced by the position of administrative assistant as argued by Wadden.

Jackson v. BD. OF ELECTION COM'RS

944 N.E.2d 439 · Appellate Court of Illinois · Feb 22, 2011

Therefore, as this case presents a mixed question of fact and law, we must decide whether the Board's decision is clearly erroneous. … Earls' property tax bills clearly delineated the taxing districts where the proceeds of their tax assessment were to be directed.

Kaplan v. Department of Registration & Education

46 Ill. App. 3d 968 · Appellate Court of Illinois · Mar 10, 1977

Thus, under the facts, the statute is clearly inapplicable to Kaplan at present. … It accordingly has sought to attain its justifiable end by making the conviction of any crime a violation of its professional medical standards, and then leaving it to a qualified board of doctors to determine initially the

Ryan v. Commonwealth Edison Company

Appellate Court of Illinois · Mar 28, 2008

The court explained: “[T]he statute singles out the architect and the contractor, and grants them immunity. *** -11- No. 1-06-3309 The arbitrary quality … note that this duty -15- No. 1-06-3309 derived from its capacity as the power supplier and not from its status as installer of the system. 2 It is well established

Stone v. Industrial Commission

286 Ill. App. 3d 174 · Appellate Court of Illinois · Jan 10, 1997

Boyd found it difficult to establish a rapport with claimant as "[he] presented] himself in a very unresponsive manner” with a "very flat affect and responded] to all questions with a minimum of information.” … Claimant expressed no interest in several positions for which he was qualified and which conformed to his doctor’s restrictions.

People v. McCoy

2016 IL App (1st) 130988 · Appellate Court of Illinois · Nov 30, 2016

Yet, Culverson initially denied having been shot, even though he clearly had been. … This testimony failed to establish Spalliero did, in fact, tell Culverson he was going to die soon.

In Re Estate of Hopkins

214 Ill. App. 3d 427 · Appellate Court of Illinois · Jun 7, 1991

She clearly made an informed choice in entering the agreement, and, as such, she should not now be allowed to renege on that agreement. … Fleck (1958), 13 Ill.2d 420, 427 , 150 N.E.2d 106 ); Nancy has clearly failed to meet her burden.

Tedrowe v. Burlington Northern, Inc.

158 Ill. App. 3d 438 · Appellate Court of Illinois · Jul 20, 1987

Plaintiff contends, however, that the burden was on the defendant to establish that the Westmont crossing met all ICC specifications in order to qualify for the exemption from the duty to sound a warning. … App. 2d 132 , 201 N.E.2d 167 (trial court acted within its discretion in excluding posed photograph of boiling pit when it was not established that the railing in photograph was in existence at the time of the accident).

W. F. Smith & Co. v. Lowenstein

4 Ill. App. 3d 153 · Appellate Court of Illinois · Feb 17, 1972

We do not think any of this testimony establishes either unequivocal or unconditional agreement by the defendants. … On the contrary, we think that the testimony of the defendants, as set out earlier, clearly establishes that not only was there no biding agreement, but that the defendants expressly made the existence of any binding agreement

Hawthorne Race Course Inc. v. Illinois Racing Board

Appellate Court of Illinois · May 19, 2006

[The] Executive Director *** decided to be a nice guy and look the other way and give you the recapture in that year although it was clearly [denied in the staff's recommendation] correctly in the … The statutory formula again established an amount of recapture for Sportsman's Park.

People v. Gettings

116 Ill. App. 3d 657 · Appellate Court of Illinois · Jul 25, 1983

Upon being advised that defendant had transferred title of his house to his wife within the previous 12 months, the trial court found that defendant was not indigent and did not qualify for appointed counsel. … Clearly defendant was able to prepare his defense on the basis of the language of the indictment and furthermore, the indictment was sufficient to preclude any future prosecution arising out of the same conduct.

Chand v. Patla

Appellate Court of Illinois · Aug 6, 2003

App. 3d at 984 (the argument that an attorney fee award was barred by sovereign immunity was devoid of merit). We therefore affirm that part of the circuit court's judgment relating to the requested medical records. … The ALJ's conclusions were not clearly erroneous. See City of Belvidere , 181 Ill. 2d at 205 .

Tondre v. Pontiac School District No. 105

33 Ill. App. 3d 838 · Appellate Court of Illinois · Nov 20, 1975

The plaintiff contends that the allegations set forth in the complaint present triable issues of fact and he asserts further that the issues of fact are clearly capable of proof. … Similarly, the plaintiff does not assert that Iris additional services terminated the two-year contract and established a new contract.

Swaw v. Klompien

168 Ill. App. 3d 705 · Appellate Court of Illinois · Mar 29, 1988

Where the parties offer conflicting medical testimony regarding the applicable standard of care and defendant’s breach of that standard, the jury is uniquely qualified to resolve the conflict, and a judgment n.o.v. is not … Clearly, the evidence presented in this case was sufficient to support the verdict. Defendant also contends that the conduct of plaintiff’s counsel during trial and closing argument resulted in prejudice and error.