Case law

Board of Trustees of the Village of Barrington Police Pension Fund v. Department of Insurance

211 Ill. App. 3d 698 · Appellate Court of Illinois · Mar 22, 1991

As loans were made by AmeriFed to qualified persons, an amount equal to the loan was transferred from the market rate account to the matching account. … This document established a selection system among pension fund members as to participation in the program.

Marathon Petroleum Co. v. Cook County Department of Revenue

467 Ill. Dec. 293 · Appellate Court of Illinois · Dec 30, 2022

For mixed questions, the reviewing court reviews whether the agency’s decision is clearly erroneous. Id. … Accordingly, we do not find the decision of the agency to be clearly erroneous. Id.

Sherman State Bank v. Smith

244 Ill. App. 171 · Appellate Court of Illinois · Apr 6, 1927

The law has long been firmly established that an innocent holder for value of negotiable paper, endorsed in blank before maturity, is protected although the one from whom he received the note may have stolen it from the true … From the stipulation in the record it does not clearly appear who acted on behalf of the bank in the transaction, whereby Bruno F.

Justice v. Justice

114 Ill. App. 2d 254 · Appellate Court of Illinois · Nov 25, 1975

It seems almost simplicity itself to say that where a voir dire examination, whether conducted by the court or by counsel, results in a qualified and impartial jury, no prejudicial error can occur in its selection. … He contends that basic principles of justice should not allow the abstraction and use of such evidence without some safeguards being established.

Payson v. Village of Milan

144 Ill. App. 204 · Appellate Court of Illinois · Apr 14, 1908

It was held that this instruction violated the rule of evidence long established and that it was error to give it. In Metropolitan West Side E. R. R. Co. v. Goll, 100 Ill. App. 323 , City of Chicago v. McShane, 102 Ill. … It was held that this instruction clearly authorized the jury to base their verdict solely on their own inspection of the premises, if they were of the opinion that such inspection furnished a more reliable basis for an assessment

Peters v. Riggs

32 N.E.3d 49 · Appellate Court of Illinois · Apr 27, 2015

"A complaint should be dismissed under section 2-615 only if it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover." … establish that [the City] intended pedestrians to utilize Chestnut Street."

People v. Whitehead

171 Ill. App. 3d 900 · Appellate Court of Illinois · Jun 14, 1988

Richardson stated defendant spoke clearly and understandably and she saw him eat dinner that night with ladies from her building. … The State offered the vase testimony to combat insanity and intoxication defenses and establish defendant’s intent.

People v. Perry

27 Ill. App. 3d 230 · Appellate Court of Illinois · Mar 18, 1975

Defendant argues that since the legislature has established only two classes of individuals for purposes of making an arrest, namely, peace officers (Ill. Rev. … Such an ordinance is not inconsistent with the State statute, but clearly supplementary.

Wright v. St. John's Hospital

229 Ill. App. 3d 680 · Appellate Court of Illinois · May 28, 1992

From that deposition, the following conclusions are clearly evident: (1) plaintiff’s disability limited her physical abilities; (2) the defendant hospital had established basic physical ability requirements that its LPNs … Is there any weight limitation that you are given in your standards that a person must be able to perform in order to be qualified to work as an LPN? A.

Parr v. Neal

187 Ill. App. 3d 58 · Appellate Court of Illinois · Aug 4, 1989

The motion alleged that (1) the relief was “not so confined as to achieve its purpose at the least burden to the defendants”; and (2) the order did not clearly “establish whether any firing range may be utilized in the present … Significantly, Lucas’ statements were qualified by limiting shotgun fire to that with small pellets and other shotgun and rifle fire to further improvement of the range.

Krohe v. City of Bloomington

Appellate Court of Illinois · May 13, 2002

The legislative branch of government is responsible for making public policy, and the judiciary should give effect to enactments by the legislature establishing public policy. … Here, there is no challenge of constitutional infirmity, and our deference to the clearly expressed will of the legislature is required.

Denton v. Universal Am-Can, Ltd.

2019 IL App (1st) 181525 · Appellate Court of Illinois · Jun 2, 2020

-2-  established safety standards. She would then either accept or reject his application. … Thus, the jury in this case clearly disagreed with defendants’ oft-stated position that Kallis was the “principal protagonist in the accident.”

Piser v. State Farm Mutual Automobile Insurance

405 Ill. App. 3d 341 · Appellate Court of Illinois · Nov 12, 2010

Thus, we find the evidence marshaled by State Farm manifestly satisfied the test established by our supreme court in Cheek. State Farm’s showing of prejudice clearly set forth a defense barring plaintiffs claim. … Moreover, Gottardo’s affidavit and the numerous letters sent to plaintiff plainly asking for his financial documents, with no counter-affidavit response by plaintiff, clearly establish that plaintiff did not cooperate.

Johnson v. Matrix Financial Services Corp.

354 Ill. App. 3d 684 · Appellate Court of Illinois · Dec 9, 2004

Each part shall also clearly show the points or grounds relied upon under the Section upon which it is based.” 735 ILCS 5/2 — 619.1 (West 2002). … While this “unreasonableness” determination may indeed be “fact intensive,” plaintiffs still must allege sufficient facts to establish each element under RESPA’s antikickback provision.

Rosalind Franklin University of Medicine & Science v. Lexington Insurance Co.

2014 IL App (1st) 113755 · Appellate Court of Illinois · May 14, 2014

The purpose of the study, entitled “Treatment of Carcinoma Patients with T/Tn Antigen,” was to evaluate whether stimulating a person’s immune system was effective in fighting breast cancer. Dr. … Rather, they implicated the facility’s failure to employ specialized knowledge and skill to ensure that prospective employees were qualified to render medical services. Id. at 535-36.

Apa v. Rotman

Appellate Court of Illinois · Jun 2, 1997

App. 3d 1038, 1042 (1995), we held that while a complaint may be dismissed where it fails to comply with the substantive requirements of section 2-622, that is, where it does not clearly identify the reasons for the health … We pointed out that in a medical malpractice case, a plaintiff should be afforded every reasonable opportunity to establish his case. Steinberg , 276 Ill. App. 3d at 1042 .

Jameson v. Williams

2020 IL App (3d) 200048 · Appellate Court of Illinois · Sep 15, 2020

BACKGROUND ¶3 On October 22, 2018, Eric filed a petition to establish a parent-child relationship, parenting responsibilities, and parenting time with A.J. … The minor was due for immunization shots. While in the room, the minor woke up and was upset. Courtney began to breastfeed the minor to soothe her.

Metropolitan Alliance of Police v. Illinois Labor Relations Board

Appellate Court of Illinois · Dec 24, 2003

Thus, the Board's decision should be affirmed unless it is found to be clearly erroneous. II. … The Board's latter finding was not clearly erroneous.

Small v. Board of Education of Streator Township High School District No. 40

468 Ill. Dec. 706 · Appellate Court of Illinois · May 20, 2022

established facts to the applicable legal standard for discharge.” … Therefore, on this issue, I conclude the Board’s decision was not clearly erroneous.

Augenstein v. Pulley

191 Ill. App. 3d 664 · Appellate Court of Illinois · Dec 14, 1989

Judge Hand found that this procedure was clearly established by the early 1800’s. Historical, 15 Harv. L. Rev. at 49. … In Miller, a case arising out of a vehicular collision involving three trucks, there were no eyewitnesses qualified to testify.