Case law

Cabrera v. ESI Consultants, Ltd.

41 N.E.3d 957 · Appellate Court of Illinois · Sep 18, 2015

¶ 121 The Tort Immunity Act grants immunity to municipal defendants engaged in certain discretionary acts. 745 ILCS 10/2-201 (West 2012). … An employee may qualify for discretionary immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.”

Schmitz v. Binette

368 Ill. App. 3d 447 · Appellate Court of Illinois · Oct 13, 2006

Mercer about the use of the indigo carmine dye test to establish that the standard of care actually required the test; rather, plaintiff contended that his own expert, Dr. Hajj, could establish that point. … If a question is in proper form and clearly admits of an answer relative to the issues, the party by whom the question is propounded is not bound to state facts proposed to be proved by the answer unless the court requires

People v. Levinson

75 Ill. App. 3d 429 · Appellate Court of Illinois · Aug 13, 1979

These are some of the acts alleged in the amended petition for a rule to show cause and as established by the proof in this cause. … In the instant case the evidence clearly indicates that the defendant did not have a possessory interest in the subpoenaed documents.

Uretsky v. Baschen

47 Ill. App. 3d 169 · Appellate Court of Illinois · Apr 1, 1977

The general rules upon which equity assumes jurisdiction over the assessment and collection of real estate taxes have been clearly stated in Clarendon Associates v. Korzen, 56 Ill. 2d 101, 107 (1973). … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

McKee v. BOARD OF POLICE PENSION FUND

367 Ill. App. 3d 538 · Appellate Court of Illinois · Sep 7, 2006

A mixed question of law and fact, however, is not reviewed de novo, but under the clearly erroneous standard. … Hogan and Gragnani appear to be well-qualified physicians, practicing in the particular field.

Frigo v. Silver Cross Hospital and Medical Center

Appellate Court of Illinois · Sep 20, 2007

Kirchner was qualified for category II privileges through a grandfather clause. Pawlak testified that there was no grandfather clause in the rules. … If the first credentialing is wrong, you do not grandfather someone who did not qualify under the old rules.

John Crane Inc. v. AIU Insurance Co.

441 Ill. Dec. 740 · Appellate Court of Illinois · Jun 12, 2020

Even where the experts are “eminently qualified,” the trial court need not take their opinions as conclusive on the matter. Lukas, 155 Ill. App. 3d at 523. … JCI contends that a new trial using proper allocation methods as set by the trial court would establish exhaustion “once and for all.

People v. Willis

134 Ill. App. 3d 123 · Appellate Court of Illinois · Jun 14, 1985

It was established in People v. Norris (1977), 46 Ill. … Counsel in this case was clearly placed “in conflict” with the defendant.

Pittel v. Board of Education

20 Ill. App. 3d 580 · Appellate Court of Illinois · Jun 26, 1974

We think the record clearly shows that plaintiff knew what was expected of her at the time the leave was granted. … We think that the statute, which was read aloud to plaintiff, clearly sets forth the conditions and terms under which she was granted a sabbatical leave.

Illinois Consolidated Telephone Co. v. Illinois Commerce Commission

99 Ill. App. 3d 462 · Appellate Court of Illinois · Aug 20, 1981

This regulation clearly indicates the FCC’s willingness to work within State regulation of radio paging services. It recognizes that the State also has the right to regulate these paging companies. … Illinois Consolidated must be allowed an opportunity to establish that it could take care of this potential customer interest.

In Re Marriage of Cooper

102 Ill. App. 3d 872 · Appellate Court of Illinois · Dec 28, 1981

To establish such change as would warrant an increase in support, petitioner must show that the children’s needs and the noncustodial spouse’s ability to pay have increased. (In re Marriage of Adams (1981), 92 Ill. … While the increase in a spouse’s income is an important consideration in modifying child support, it is clearly not the sole factor under section 505(a) of the Act.

Engle v. Department of Financial and Professional Regulation

2018 IL App (1st) 162602 · Appellate Court of Illinois · Jul 31, 2018

Illinois Department of Professional Regulation, 153 Ill. 2d 76, 88 (1992). ¶ 31 Mixed questions of law and fact are reversible if they are clearly erroneous. … An agency’s decision “is ‘clearly erroneous’ when the reviewing court is left with the definite and firm conviction that a mistake has been committed.”

People v. Lee

325 Ill. App. 3d 643 · Appellate Court of Illinois · Oct 26, 2001

The defendant maintains that the trial judge’s acceptance of the prosecutor’s race-neutral reasons was clearly erroneous. … The sentencing judge considered the evidence presented in aggravation at the first phase of the sentencing hearing and determined that the State established, beyond a reasonable doubt, that two circumstances qualified the

Carolan v. City of Chicago

2018 IL App (1st) 170205 · Appellate Court of Illinois · Jun 28, 2018

¶ 13 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide … Regardless, the 911 call here clearly requested police intervention in response to a robbery in progress and therefore involves a police protection service for the purposes of section 4-102 of the Tort Immunity Act, which

People v. Syverson

Appellate Court of Illinois · Nov 12, 1997

FACTS At trial, it was established that the defen­dant was an Illinois state troop­er. In 1976, he married Marianne Wielgopolan, and the couple had one child. … Likewise, the second degree murder convic­tion, a Class 1 felony, fails to qualify, contends the defendant, because "severe bodily injury" is an inherent element of the offense.

Solai & Cameron, Inc v. Plainfield Community Consolidated School District No. 202

374 Ill. App. 3d 825 · Appellate Court of Illinois · Jul 10, 2007

On July 18, 2002, PHS allowed qualified representatives of Hartford to inspect the school project sites to determine the status of both projects. … Mill Creek Country Club, Inc., 196 Ill. 2d 302, 313 (2001), set forth the elements for establishing equitable estoppel: “To establish equitable estoppel, the party claiming estoppel must demonstrate that: (1) the other person

Beale v. EdgeMark Financial Corp.

279 Ill. App. 3d 242 · Appellate Court of Illinois · Mar 29, 1996

The questions asked by the petitioner were clearly directed at actual liability or responsibility— the course of treatment, the standard of care — rather than potential liability — who were the physicians involved in the … App. 3d 407, 424 , 607 N.E.2d 1356, 1367 (1993) (Goldenhersh, J., concurring in part, dissenting in part) and concurred in the majority’s disposition of the issue of sovereign immunity in Malmberg v. Smith, 241 Ill.

People ex rel. Waller v. 1992 Oldsmobile Station Wagon

265 Ill. App. 3d 93 · Appellate Court of Illinois · Jul 20, 1994

The court, however, declined to establish specific standards to determine whether a forfeiture is "excessive” in a particular case. … It may be that he had 30 cartons over the limit, depending on whether his son qualifies for a separate 10-carton exemption. In any event, the relative value of the contraband is low.

People v. Smalley

10 Ill. App. 3d 416 · Appellate Court of Illinois · Mar 15, 1973

He was granted immunity to testify. April Backstrom testified for the State that she lived with Williams, and that he normally took the gun with him when leaving his apartment. … However, there was no foundation laid which qualified her to give reputation testimony.

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

332 Ill. App. 3d 127 · Appellate Court of Illinois · Jun 28, 2002

It began with a written qualifying test scheduled for January 10, 1998. … He was “clearly injured” by the education requirement established by the City, whether or not he took the test. Nolan, 309 Ill. App. 3d at 140 .