Case law

In re James H.

Appellate Court of Illinois · Dec 23, 2010

The interpretation of the statute and the constitutional requirements where such a failure occurs have already been clearly determined by prior - 8 - courts. … Respondent failed to establish both he objected to the error at trial and he suffered prejudice.

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

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.

Zamarron v. Pucinski

282 Ill. App. 3d 354 · Appellate Court of Illinois · Jun 28, 1996

The free access clause of the Illinois Constitution qualifies the due process standard by imposing the further requirement that court filing fees relate to the operation and maintenance of the court system. … The plaintiffs bear the burden of clearly establishing the alleged constitutional violation. Wenger v. Finley, 185 Ill. App. 3d 907 , 541 N.E.2d 1220 (1989).

In re Estate of Adames

2020 IL App (1st) 190573 · Appellate Court of Illinois · Oct 20, 2020

In the event that Kyle’s Trust did not qualify, Tempco would “revert to being taxed as a C Corporation, which may have a significant financial impact on the company and its shareholders.” … Under the Act, “ ‘[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those provisions where not otherwise

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 .

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.

Fedanzo v. City of Chicago

333 Ill. App. 3d 339 · Appellate Court of Illinois · Aug 2, 2002

We note that plaintiff makes a constitutional challenge to the residency requirement, claiming it violates the privileges and immunities clause of the United States Constitution. … The hearing officer’s determination that plaintiff was not threatened but was merely read his administrative rights was not clearly erroneous.

MPower Energy NJ v. Illinois Commerce Comm'n

2026 IL App (4th) 250130-U · Appellate Court of Illinois · May 4, 2026

The ICC further claimed that Mpower’s complaint was barred by sovereign immunity. … ¶ 20 This is clearly untrue. Mpower’s initial complaint and its proposed amended complaint challenged the revocation of its licenses by the ICC.

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

People v. Nayder

106 Ill. App. 3d 489 · Appellate Court of Illinois · May 13, 1982

Segovia also testified that respondent told him he had established a “Foundation” and was doing research on the use of feces to make food, that he collected stools and had not used the toilet for several years. … The attempt to equate the two types of proceedings was thus rejected by the Stephenson court, which clearly stated that “we deem undesirable any additional steps which might erode the differences between mental health commitment

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.

Myre v. Board of Education of Seneca Township High School District No. 160

108 Ill. App. 3d 440 · Appellate Court of Illinois · Aug 9, 1982

We also find that the present case does not qualify as an exception to the mootness doctrine. (See People ex rel. Wallace v. Labrenz (1952), 411 Ill. 618 , 104 N.E.2d 769 ; Environmental Protection Agency v. … Ct. 226 (violation of first amendment establishment clause requiring separation of religion and the State).

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.

Berner v. Prairie State Bank

281 Ill. App. 31 · Appellate Court of Illinois · Jun 26, 1935

This rule is qualified to the extent that if the person charged is found not guilt;7' when put upon trial, such fact does not indicate want of probable cause, for the reason that the person making the charge is not bound … Such is not the law, as indicated by the established rules of courts of appeal referred to in this opinion.

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 v. Universal Public Transportation, Inc.

362 Ill. Dec. 730 · Appellate Court of Illinois · May 23, 2012

We cannot determine: (1) whether the exhibits qualify as business records, made as memoranda or records of transactions; (2) whether the exhibits qualify as business records made in the regular course of business … “A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is not a repository into which an appellant may foist the burden

People v. Ring

89 Ill. App. 2d 161 · Appellate Court of Illinois · Nov 28, 1967

The question remains — did the evidence, apart from the improper question, clearly and conscientiously show the defendant to be guilty? In a recent case, People v. … In the present case the defendant was represented by counsel who was fully qualified to apprise the defendant of his rights and there is no indication that counsel failed in its duty.

Gayan v. Illinois Dept. of Human Services

342 Ill. App. 3d 1035 · Appellate Court of Illinois · Aug 29, 2003

A case that involves an examination of the legal effect of a set of given facts is a question of mixed law and fact and should not be overturned unless it is clearly erroneous. City of Belvidere v. … Section 1396p added strict criteria regarding the treatment of “Medicaid Qualified Trusts,” such as the inclusion of the corpus and proceeds of various irrevocable trusts as countable resources.

In Re Marriage of Levy

105 Ill. App. 3d 355 · Appellate Court of Illinois · Mar 26, 1982

Although it is undisputed that in 1979 Friedland established a residence in New York, he testified at hearings before the trial court that due to health problems he could not spend winters in a cold climate and that his position … Here, we believe the trial court properly found that Illinois does not qualify as the home State. The minor spent approximately one-half of the summer of 1980 in Illinois and one-half of the summer in New York.