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186 N.E.3d 912 · Appellate Court of Illinois · Nov 6, 2020
Willingham argues this affidavit qualifies as newly discovered evidence because “there is no indication that either the State or Mr. … Further, “[m]atters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Smith, 195 Ill. 2d 179, 188 (2000).
Cited 1 timesPublishedChaney v. National Steel Corp.
272 Ill. App. 3d 850 · Appellate Court of Illinois · Jun 8, 1995
As the trial court determined, Granite City Steel and Chaney clearly announced that they had settled the case for $7.5 million. … The trial judge stated that he had presided over seven days of trial, and that, clearly, the $7.5 million settlement was made in good faith.
Cited 9 timesPublishedUnity Christian School v. Rowell
2014 IL App (3d) 120799 · Appellate Court of Illinois · Apr 21, 2014
Only some types of preseminary or novitiate schools would likely qualify for exemption under the Department’s strict and narrow reading of the Act. … The Department’s finding to the contrary is clearly erroneous. Yet, the Department’s decision must be confirmed.
Cited 2 timesPublished149 Ill. App. 3d 383 · Appellate Court of Illinois · Oct 31, 1986
cannot escape the force of the abatement statute by calling the premises a “hotel”, “apartment”, “club”, or giving it any name which purports to identify it as a place of lawful and legitimate business; nor can certain immunity … be gained by showing mathematically that the principal business of the establishment is legitimate.”
Cited 5 timesPublished2025 IL App (1st) 241779 · Appellate Court of Illinois · Jul 16, 2025
A finding is against the manifest weight of the evidence if the record establishes that the opposite conclusion is clearly apparent. In re N.G., 2018 IL 121939, ¶ 29. … We cannot say that the opposite conclusion is clearly apparent. ¶ 98 Ms.
Cited 0 timesPublished294 Ill. App. 62 · Appellate Court of Illinois · Feb 28, 1938
The petition of the bank to be substituted as plaintiff clearly set up the facts upon which it was based. … It might appoint the First National Bank, which the bill shows to be qualified.
Cited 3 timesPublishedCommunity Mental Health Council, Inc. v. Department of Revenue
186 Ill. App. 3d 73 · Appellate Court of Illinois · Jun 30, 1989
The Department clearly did not raise this issue in the trial court and it therefore cannot be raised on appeal under the circumstances here. … In light of the foregoing, the Foundation clearly was not a necessary party to the Council’s administrative review action against the Department.
Cited 5 timesPublished990 N.E.2d 815 · Appellate Court of Illinois · May 9, 2013
“In such instances,” we said, “no more than defense counsel’s prior or contemporaneous representation of the State’s witness is necessary to establish a per se conflict.” … Because the trial depends on the pretrial phase, it would be illogical to hold that only contemporaneous representation during the trial, not during the pretrial phase, qualifies as a per se conflict of interest
Cited 10 timesPublishedBlessing/White, Inc. v. Zehnder
Appellate Court of Illinois · Mar 29, 2002
Essentially, the IITA establishes two methods by which corporate income will be divided among Illinois and the other jurisdictions in which the taxpayer conducts business. … The Department characterizes its ruling as a mixed question of fact and law and, therefore, urges for review under the clearly erroneous standard.
Cited 0 timesPublished976 N.E.2d 1109 · Appellate Court of Illinois · Sep 12, 2012
Generally, this court will not resolve a moot question before it solely to establish precedent or govern future litigation. … These criteria must be clearly satisfied. Id. The public-interest exception considers potential recurrences to any person, not only the complaining party. Holly v.
Cited 7 timesPublishedChicago College of Osteopathy v. Puffer
3 Ill. App. 2d 69 · Appellate Court of Illinois · Jul 9, 1954
This case is, therefore, clearly distinguishable from Cuny v. Annunzio, supra, where the action of the Board terminated the proceedings. … Those so qualified have refused to accept an appointment to teach at the Chicago college because of the attitude of the Medical Associations toward the osteopathic profession.
Cited 3 timesPublished334 Ill. Dec. 525 · Appellate Court of Illinois · Sep 30, 2009
In Smith, our supreme court determined that the defendant park district was not immune under the Local Governmental and Environmental Employees Tort Immunity Act (745 ILCS 10/2-109 (West 2002)) against claims of retaliatory … the law in Illinois, except when the discharge violates a clearly mandated public policy.'"
Cited 27 timesPublishedQuintana v. Ferrara Candy Company
2020 IL App (3d) 190414-U · Appellate Court of Illinois · Jul 21, 2020
This agreement established the duties and responsibilities of each entity. … Elite Staffing was required to recruit, screen, and assign “qualified employees to perform under Ferrara’s supervision.”
Cited 0 timesUnpublished317 Ill. App. 3d 546 · Appellate Court of Illinois · Dec 6, 2000
as follows: each party received his/her own IRA, checking, and savings-accounts; each party received his/her own automobile and accompanying debt; the parties would equally divide their retirement accounts according to a qualified … Clearly, the marriage was undergoing an irreconcilable breakdown at least by that time.
Cited 18 timesPublished115 Ill. App. 2d 176 · Appellate Court of Illinois · Sep 30, 1969
It is a well established principle in Illinois that the zoning ordinances of a municipality involve the exercise of its regulatory police power. (Quilici v. Village of Mt. … The judgment of a court which had jurisdiction is immune from collateral attack, even though such judgment is erroneous. (Woodward v. Ruel, 355 Ill 163.) . . .
Cited 12 timesPublished105 Ill. App. 3d 1008 · Appellate Court of Illinois · May 20, 1982
Under the facts of this case, we also believe that Olson does not qualify for any special protection under the “passive investor test.” … It is a well-established principle that a person defrauded in a transaction may, by conduct inconsistent with an intention to sue for damages for fraud, waive the right to sue. (37 C.J.S.
Cited 20 timesPublishedDawe's Laboratories, N. v. v. Commercial Insurance Co. of Newark
19 Ill. App. 3d 1039 · Appellate Court of Illinois · May 20, 1974
The affidavits presented by plaintiff show clearly that a mistake was made by clerical help in producing the premix. … Morgenstond’s claim against plaintiff was clearly within policy coverage.
Cited 30 timesPublishedVillage of Broadview v. Illinois Labor Relations Board
402 Ill. App. 3d 503 · Appellate Court of Illinois · Jun 22, 2010
“[Pjolice employees qualify as supervisors within the meaning of the Act only if they: (1) perform principal work substantially different than their subordinates; (2) have authority in the interest of the employer to perform … Based upon the evidence of record, we cannot say that its conclusion in this regard is against the manifest weight of the evidence, as an opposite conclusion is not clearly apparent. Abrahamson v.
Cited 7 timesPublishedFirst of America Trust Co. v. First Illini Bancorp, Inc.
289 Ill. App. 3d 276 · Appellate Court of Illinois · Jul 17, 1997
This conduct clearly merits sanctions under Rule 137. … See 740 ILCS 100/2(d) (West 1994) (settling joint tortfeasor is immune from liability for contribution); Dixon v.
Cited 30 timesPublished142 Ill. App. 3d 152 · Appellate Court of Illinois · Apr 9, 1986
Paragraph Thirteenth provided for establishment of a trust for the benefit of Jill Smith. The corpus of the trust was $30,000. … The difference between “estate” tax and “inheritance” tax is well-established.
Cited 3 timesPublished
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