Case law

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

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.

In Re App. of People Ex Rel. Walgenbach

117 Ill. App. 3d 14 · Appellate Court of Illinois · Aug 3, 1983

Village of Kildeer (1960), 19 Ill.2d 342, 350 . • 2, 3 A court, however, is not bound by the literal language found in a statute where the language would defeat the legislature's obvious and clearly expressed objective or … App.3d 616 , "courts are generally cautious about adding words to a statute, [but] * * * will read into the meaning of a statutory provision a qualifying or expanding expression [which is] plainly implied by the general context

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.

John Crane Inc. v. AIU Insurance Co.

2020 IL App (1st) 180223 · Appellate Court of Illinois · Dec 8, 2020

Although the court qualified Mishkin as an expert, it ultimately found his method of allocation problematic. … We cannot say that the opposite conclusion is clearly evident.

Lake County Riverboat L.P. v. Illinois Gaming Board

313 Ill. App. 3d 943 · Appellate Court of Illinois · May 19, 2000

The Board did not appeal Judge Goshgarian’s venue order, though it clearly had the right to seek leave to appeal. See 166 Ill. 2d R. 306(a)(4). … Plaintiff first contends that Judge Walter’s venue ruling was erroneous because Judge Walter failed to adhere to the conditions of intervention established by Judge Goshgarian.

American Federation of State, County & Municipal Employees (AFSCME), Council 31 v. Illinois Labor Relations Board, State Panel

2014 IL App (1st) 123426 · Appellate Court of Illinois · Oct 17, 2014

The ALJ also found that the ALJs’ proposed orders in rate cases clearly qualify as managerial because they “innovate” rather than merely “nudge” the law in a particular direction within established standards … The evidence establishes that the ALJs have a prominent role in the fulfillment of the Commission’s duties and are the “whole game” with regard to the agency’s mission.

Stimeling v. Peoria Public School District 150

2018 IL App (3d) 170567 · Appellate Court of Illinois · Nov 14, 2018

According to plaintiff, truant officers qualify as law enforcement officers who are eligible for Disability Act and Benefits Act benefits. … App. 3d at 478. ¶ 33 Aside from its failure to clearly define truant officers’ authority, the School Code also lacks any language that explicitly equates truant officers to municipal police or other undisputed

People v. Powell

Appellate Court of Illinois · Dec 30, 2004

Burdunice , 211 Ill. 2d 264, 269 , 811 N.E.2d 678 (2004) (stating that "criminal law" qualifies as a legitimate single subject for a statute)), then all criminal statutes will qualify for cross-comparison analysis. … The risk of bodily harm clearly is greater where an offense involves the discharge of a firearm at someone , than it is where the offense merely requires the discharge of a firearm.

Moon Lake Convalescent Center v. Margolis

180 Ill. App. 3d 245 · Appellate Court of Illinois · Feb 21, 1989

. *** The Administrative Review Act was ‘an innovation and departure from the common law, [and] the procedures it establishes must be pursued.’ ” [Citation.] Fredman, 109 Ill. 2d at 210 , 486 N.E.2d at 895 . … This evidence is likewise sufficient to establish violations of Rules 03.01.01.00 and 06.02.02.05.

Schlosser v. State

358 Ill. Dec. 359 · Appellate Court of Illinois · Jan 18, 2012

As such, we must determine whether this offense involves the use or threat of physical force or violence against any individual in order to qualify as a forcible felony. 720 ILCS *434 5/2-8 (West 2010). … Defendant, through his actions both on the computer and in driving to meet someone he thought was a 14-year-old girl, and then telling police he was the girl's uncle, clearly exhibited the "contemplation" and "implied willingness

Board of Education, Benton Consolidated School District No. 47 v. Benton Federation of Teachers, Local No. 1956

165 Ill. App. 3d 514 · Appellate Court of Illinois · Jan 19, 1988

Qualified shall be defined as meeting State requirements for that position or assignment. District seniority shall be defined as the length of continuing service as a teacher within District 47. … The Act states that unresolved disputes are injurious to the public “and the General Assembly is therefore aware that adequate means must be established for minimizing them and providing for their resolution.” (Ill.

Metro East Cab Co. v. Doherty

302 Ill. App. 3d 402 · Appellate Court of Illinois · Jan 21, 1999

The court went on to determine that the drivers did not qualify as independent contractors because the company exerted not only general but extensive control over the performance of the drivers’ services. … The cases clearly establish that the specific facts must be considered in light of the “realities of economic life.”

In re Marriage of Hamilton

2019 IL App (5th) 170295 · Appellate Court of Illinois · Aug 7, 2019

Katelyn’s riding activities are also clearly intended to enhance her athletic development. … However, if the record does not contain evidence that clearly establishes the point at which the marriage began to break down, dissipation must be measured from the time the parties separated or a petition for

Korten v. Chicago City Bank & Trust Co.

178 Ill. App. 3d 397 · Appellate Court of Illinois · Dec 28, 1988

'Defendant also contends that the settlor’s intent in establishing the trust in this case will not be given due effect if it is terminated before Evelyn and Elaine are deceased. … Thus, the settlor intended the trust to be terminated after all his grandchildren no longer qualified as takers under the trust and not necessarily after the death of all of his children.

Ryherd v. General Cable Co.

151 Ill. App. 3d 1 · Appellate Court of Illinois · Nov 12, 1986

The court then concluded: “It would be unreasonable to immunize from punitive damages an employer who unjustly discharges a union employee, while allowing the imposition of punitive damages against an employer who unfairly … Recognizing that “[t]he duties imposed and rights established through the state tort thus derive from the rights and obligations established by the contract,” the court found any attempt to assess liability “inevitably will

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 27, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.” Id. at 467.

Aida v. Time Warner Entertainment Co., LP

332 Ill. App. 3d 154 · Appellate Court of Illinois · Jun 28, 2002

Finally, the court reasoned that “the plain language of the Individual Dignity Clause clearly demonstrates that the Clause is merely hortatory! … , the individual dignity clause in no way qualifies or modifies the constitutional rights of free speech and press.]