Case law

Greenberg v. Michael Reese Hospital

78 Ill. App. 3d 17 · Appellate Court of Illinois · Sep 25, 1979

Therefore the propriety of the summary judgment rests on the evidentiary question of whether a situation might exist where a health physicist is as qualified as a medical doctor to give testimony establishing standard of … When the material presented by both experts is considered, a disputed issue of fact clearly exists.

Asian Human Services Family Health Center, Inc. v. Asian Human Services, Inc.

2020 IL App (1st) 191049 · Appellate Court of Illinois · Apr 23, 2021

Now, clearly that would be the antecedent relationship and it makes his actions that much more strange, but that’s not the basis.” … Deutsche Bank AG, 2012 IL 112219, in support of its position is misplaced, as that case is clearly distinguishable from the facts here.

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.

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.

AUI Construction Group, LLC v. Vaessen

2016 IL App (2d) 160009 · Appellate Court of Illinois · Jan 18, 2017

This form of attachment clearly suggests permanent attachment to the premises. … An easement qualifies as appurtenant when the user of the right enjoys a dominant estate over the used land, which is considered the servient estate. [Citation.]

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.

Evangelical Alliance Mission v. Department of Revenue

164 Ill. App. 3d 431 · Appellate Court of Illinois · Dec 31, 1987

Certain well-established principles govern the construction of this statute. … Johnson our supreme court said: “[A] parsonage qualifies for an exemption [under Ill. Rev.

Rutzen v. Pertile

172 Ill. App. 3d 968 · Appellate Court of Illinois · Aug 3, 1988

Based upon Genaust’s representation of his competency to build the antenna near clearly visible wires, the defendant properly expected him to take into account the commonly known danger of power lines. … The court has stated: “It was not necessary for Piper to establish Moran’s actual or constructive notice of a defect.

People v. Liberg

138 Ill. App. 3d 986 · Appellate Court of Illinois · Dec 10, 1985

Consequently, defendant has not established any prejudice as a result of trial defense counsel’s alleged error. … Zi-poryn had authored a book during direct examination while qualifying him as an expert. The State added the information about the title, however that was not dwelt upon.

Tomlinson v. Dartmoor Construction Corp.

206 Ill. Dec. 371 · Appellate Court of Illinois · Dec 16, 1994

OPINION I Initially, defendant contends that the trial court erred in determining that plaintiffs successfully established defendant’s liability for breach of contract. … For the trial court’s judgment to be against the manifest weight of the evidence, an opposite conclusion must be clearly evident. (See Hamel, 230 Ill. App. 3d at 256 .)

Union Planters Bank, N.A. v. Thompson Coburn LLP

Appellate Court of Illinois · Jun 3, 2010

The evidence at the trial established that a qualified corporate trustee was licensed under a regulatory body as a corporation to be engaged in the offering of trust services to the public. … "Rather, to establish her injury, the plaintiff must establish that she incurred additional attorney fees." Nettleton, 387 Ill. App. 3d at 755.

Grand Lodge Ancient Order United Workmen v. Jesse

50 Ill. App. 101 · Appellate Court of Illinois · Feb 14, 1893

The constitution of appellant prescribes the method of organizing subordinate lodges under the jurisdiction of the grand lodge, and establishes a form of constitution for the subordinate lodges. … American, 119 Ill. 329 , clearly states the doctrine of estoppel as applied to this case.

William Blair & Co, LLC v. FI Liquidation Corp.

Appellate Court of Illinois · Jun 6, 2005

John Ettelson, a principal of Blair, commented that Blair would prefer neither qualifier, but chose to stay with "substantive" rather than use "material." … Thus, there is clearly a question of fact on this issue.

Elam v. Lincoln Electric Co.

362 Ill. App. 3d 884 · Appellate Court of Illinois · Dec 20, 2005

His background qualified him to give an opinion about the toxicity of manganese and its effects. The trial court was aware that Dr. Martinez had been qualified as an expert in another toxic tort case, Bonner v. … The testimony of the Caterpillar witnesses was, for the most part, anecdotal and in no way qualified as an epidemiological study.

People v. Hoskins

2025 IL App (4th) 240991 · Appellate Court of Illinois · Jul 16, 2025

¶ 78 For applicants who do not qualify as indigent, the statute requires the court to grant a partial waiver of assessments based upon the applicant’s available income relative to the poverty level. … “Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” (Internal quotation marks omitted.) People v. Manning, 241 Ill. 2d 319, 327 (2011).

Scott & Fetzer Co. v. Montgomery Ward & Co.

129 Ill. App. 3d 1011 · Appellate Court of Illinois · Dec 24, 1984

In the case before us, the loss sustained was clearly outside the realm of economic loss. … Hence, paragraph 10 clearly and unambiguously establishes the intent of Burns and Wards regarding the failure of the Bums’ system to operate properly.

People v. Crose

194 Ill. App. 3d 97 · Appellate Court of Illinois · Jan 19, 1990

Clearly, defense counsel was not conceding defendant’s guilt. … Both defendants contend that the trial court erred in finding her qualified to testify as an expert witness.

Babbitt Municipalities, Inc. v. Health Care Service Corp.

2016 IL App (1st) 152662 · Appellate Court of Illinois · Dec 9, 2016

Thus, the first two elements of a breach of contract claim are clearly met. … Babbitt posits that the “goal” of a mutual insurance company is to provide insurance “substantially at cost,” but also points out that the qualifier “substantially” is necessary because “[n]o one *** expects

People v. Malone

71 Ill. App. 3d 231 · Appellate Court of Illinois · May 4, 1979

The severity of the sanctions established by the act provides another indication that strict liability was not intended. … App.3d 478, 483 , "We recognize that a situation may arise where a public official's interest in a contract, upon which he might be called to act or vote, may be so slight as to fail to qualify as `an interest in contract

Fitzgerald v. Pratt

223 Ill. App. 3d 785 · Appellate Court of Illinois · Jan 16, 1992

The Illinois Workers' Compensation Act establishes a system of liability without fault where traditional common law defenses available to the employer are exchanged for the prohibition of common law suits against the employer … The Rodriguez court noted that it was an act motivated by prejudice against an ethnic group, and as such, reflected a pervasive societal problem from which the workplace is not immune.