Case law

People v. Mayberry

445 Ill. Dec. 249 · Appellate Court of Illinois · Sep 8, 2020

Johnson, 218 Ill. 2d 125, 139 (2005) (“Clearly, there can be no plain error if there is no error ***.”). … ¶ 33 Our supreme court has held that a testimonial statement is one that (1) is made in a solemn fashion and (2) is intended to establish a particular fact.

People v. Todd K.

371 Ill. App. 3d 539 · Appellate Court of Illinois · Feb 20, 2007

BACKGROUND On June 9, 2006, Robert Fitzgerald filed a petition for the emergency involuntary admission of respondent along with three certificates of qualified professionals stating respondent is subject to involuntary admission … Horstman’s testimony never clearly and convincingly proved that due to respondent’s mental illness, he was reasonably expected to threaten or imminently harm another. Dr.

Lawrence & Allen, Inc. v. Cambridge Human Resource Group, Inc.

292 Ill. App. 3d 131 · Appellate Court of Illinois · Sep 26, 1997

Thus, the lack of a geographic limitation or of any qualifying language in the covenant not to solicit is unreasonable. … Neither the covenant not to compete nor the covenant not to solicit, however, is qualified in such a manner.

In re Commitment of Fields

981 N.E.2d 384 · Appellate Court of Illinois · Nov 14, 2012

Gaskell was tendered and qualified as an expert in the field, with no objection by respondent. ¶ 33 Dr. … The State’s comments regarding respondent’s custodial status and the expert witnesses’ conclusions did not clearly violate the orders in limine.

German National Bank v. Meadowcroft

4 Ill. App. 630 · Appellate Court of Illinois · Dec 8, 1879

But the statute itself, clearly recognizes the principle that warehouse receipts represent and are evidence of title to the grain itself, and not mere promissory notes, payable in grain. … It is true, the warehouseman, until demand and payment of the storage'by the holders of the receipts, was entitled to possession, and so had a qualified property, as bailee or custodian, and such qualified property subsisted

Connick v. Suzuki Motor Co., Ltd.

212 Ill. Dec. 17 · Appellate Court of Illinois · Sep 29, 1995

These allegations establish that Suzuki knew the transactions were "troublesome and must be watched.” Ill. Ann. … We agree that these statements are merely subjective descriptions and do not qualify as fraudulent misrepresentations of fact.

In re Detention of Lieberman

Appellate Court of Illinois · May 28, 2010

Ostrov had previously been qualified as an expert in psychology and in the evaluation of sexual offenders. The trial court qualified Dr. … The doctor further noted that respondent was acting “selfishly for his own sexual gratification” and that he felt he “was immune from the law.” According to Dr.

Taylor v. The Board of Education of the City of Chicago

2014 IL App (1st) 123744 · Appellate Court of Illinois · Jun 23, 2014

The plaintiff later qualified for workers’ compensation as a result of his injuries. … a clearly mandated public policy.

People v. Masor

218 Ill. App. 3d 884 · Appellate Court of Illinois · Aug 28, 1991

Whether an expert is qualified to testify is within the sound discretion of the trial court, and its decision will not be overturned absent an abuse of discretion. People v. Sequoia Books, Inc. (1988), 172 Ill. … To establish the affirmative defense of entrapment, the evidence must establish that the government, for the purpose of obtaining evidence, induced the defendant to commit a crime originated by the government and that the

Jackson v. South Holland Dodge, Inc.

312 Ill. App. 3d 158 · Appellate Court of Illinois · Mar 15, 2000

Our decision should not be interpreted as a blanket immunization of assignees, no matter their conduct. … Nor do we believe Lanier intended to extend that kind of blanket immunity.

Violette v. Department of Healthcare & Family Services

388 Ill. App. 3d 1108 · Appellate Court of Illinois · Mar 27, 2009

Where the record of an administrative hearing is clearly inadequate, the case should be remanded. Ingels, 75 Ill. App. 3d at 337 . … Whether or not the appellant qualifies for benefits under the Program, the decision is of importance to him and he is entitled to a full and complete review of his application by the Department.

Doe v. Board of Education of Community Unit School District 300

2025 IL App (2d) 250038-U · Appellate Court of Illinois · Dec 5, 2025

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. Canel v. … Under section 24-24, teachers have the same immunity that parents enjoy in relation to their children, which is immunity from liability for ordinary negligence but not willful and wanton conduct. Henrich v.

People v. Wrest

345 Ill. App. 186 · Appellate Court of Illinois · Jan 18, 1952

“The guaranty of the constitution is not against all searches and seizures without a warrant but against unreasonable search and seizure and does not extend to an immunity from search and seizure on arrest. (People v. … Super. 26, 28 ) when the circumstances are such that it is clearly apparent that it formed an integral part of the illegal gambling operation, and being commingled with other such money, had not, previous to the seizure,

In Re Estate of Joffe

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. … Under the first exception, it is well established that one may take under a will and still be free to challenge any provisions of the will which are contrary to law or public policy. ( Chaney v.

Freeman v. Augustine's Inc.

46 Ill. App. 3d 230 · Appellate Court of Illinois · Mar 2, 1977

More than one employer may be liable for the same injury under the Act and, therefore, immune from common law liability. … In this finding, the trial court was clearly in error.

Lipschultz v. So-Jess Management Corp.

89 Ill. App. 2d 192 · Appellate Court of Illinois · Nov 27, 1967

Plaintiff contends (1) the defendant failed to prove acts or circumstances constituting a constructive eviction ; (2) the defendant did not vacate the premises with diligence and failed to establish a causal connection between … Exhibit 2, a letter from plaintiff to defendant, dated August 18, 1964, acknowledges exhibit 1 and states plaintiff had no objection to subletting the premises to a qualified tenant, and that although plaintiff had other

People v. Young

103 N.E.3d 622 · Appellate Court of Illinois · Apr 25, 2018

More importantly, defendant does not argue that he was not extended-term eligible, he simply argues that the record does not clearly establish that he was. … That is, the error is that the trial court record did not clearly establish that defendant served at least 7½ months of a 6-year sentence for his 2004 conviction.

Styburski v. Riverview Park Co.

298 Ill. App. 1 · Appellate Court of Illinois · Dec 13, 1938

At the most the inspection was perfunctory and not made by one qualified to inspect this all-metal device. … This character of inspection alone clearly showed that defendant failed in its duty to exercise the degree of care required of it for the safety of passengers riding on its device.

People v. Williams

252 Ill. Dec. 236 · Appellate Court of Illinois · Dec 15, 2000

In this case, corpus delicti was established without reference to any confession by defendant. … The evidence in this case is clearly sufficient to establish defendant’s guilt of first degree murder beyond a reasonable doubt. The remaining issues concern defendant’s sentence.

Ko v. The City of Chicago

2024 IL App (1st) 221788-U · Appellate Court of Illinois · Sep 17, 2024

Milwaukee Avenue in Chicago that was “clearly marked for bicycle traffic” (a bike lane) which the city “intended to be used by bicycle traffic.” … ¶ 21 Our supreme court has held that the Tort Immunity Act defines the city’s duty. Alave v.