Case law

Fisher v. Office of the Illinois Attorney General

457 Ill. Dec. 583 · Appellate Court of Illinois · Mar 12, 2021

Like its federal counterpart, FOIA requires full disclosure unless the desired information is exempted under clearly delineated statutory language. Lieber v. Southern Illinois University, 279 Ill. … For communications with outside consultants to qualify as “intra-agency,” the consultant may not represent independent interests of its own apart from those of the agency. Harwood, 344 Ill.

INTERN. SURPLUS LINES INS. CO. v. Pioneer Life Ins. Co.

209 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 29, 1990

The law presumes that the insured intended to obtain coverage and that the insurer would have stated all exclusions clearly and specifically. ( Strzelczyk v. … Pioneer disputes the trial court's finding that it did not present sufficient evidence to satisfy the standards in Illinois regarding what must be shown to establish that both the services performed and the charges for those

Both v. Nelson

46 Ill. App. 2d 69 · Appellate Court of Illinois · Jan 6, 1964

We cannot say, as we must in order to reverse, that on the record before us an opposite conclusion is clearly apparent. … Defendant argues that “no attempt was ever made to qualify this witness as an expert on mental diseases or on anything else.”

People v. Mayberry

2020 IL App (1st) 181806 · Appellate Court of Illinois · Apr 8, 2021

Johnson, 218 Ill. 2d 125, 139 (2005) (“Clearly, there can be no plain error if there is no error ***.”). … Whether a statement qualifies as an excited utterance is within the discretion of the trial court.

Gersch v. Dept. of Professional Regulation

Appellate Court of Illinois · Nov 5, 1999

The party challenging the validity of a statute bears the burden of clearly establishing any constitutional invalidity. … The action taken by the Department merely restored him to the license for which he was qualified, that of the lower tier.

Hill v. Schmidt

2012 IL App (5th) 110324 · Appellate Court of Illinois · May 7, 2012

According to the answer, the published statements were a substantially accurate account of reports given by a public official (Ben Beyers) in his official capacity (as assistant State’s Attorney) and were therefore immune … First, the court determined that the statements in the article did not fall within one of the five categories of statements established under Illinois law as defamation per se.

Ragan v. AT&T Corp.

Appellate Court of Illinois · Mar 1, 2005

The Seventh Circuit found that the CSA clearly provided a mechanism for rejecting the offer and that the customer had a reasonable opportunity to reject the offer but failed to do so. … The arbitration process established by this section is governed by the [FAA], 9 U.S.C. §§1-16 . You have the right to take any dispute that qualifies to small claims court rather than arbitration.

People v. Person

102 Ill. App. 3d 474 · Appellate Court of Illinois · Dec 3, 1981

than one not so qualified. … II We find no merit to defendant’s contentions that his guilt was not established beyond a reasonable doubt.

People v. Davenport

301 Ill. App. 3d 143 · Appellate Court of Illinois · Oct 30, 1998

In this case, Clemons does not dispute that Officer Bloore’s testimony qualifies as expert. … However, the State should not conclude that our decision today approves of the way in which these cases were prosecuted or establishes a precedent for less compelling cases.

Middleton v. Clayton

128 Ill. App. 3d 623 · Appellate Court of Illinois · Nov 7, 1984

It is clearly petitioner’s responsibility to make certain that documents he intends to introduce at hearing are, in fact, provided. … The authority of the State to strictly regulate the medical profession is well established.

In re Marriage of Steadman

Appellate Court of Illinois · Sep 16, 1996

Wife contends that this unchallenged testimony establishes that in addition to the "retirement savings plan" or tax deferred annuity account, a second retirement benefit existed which the parties intended be split equally … Holden, that such a qualified domestic relations order was scheduled to be presented instanter in court on October 19, 1995.

Milynarczyk v. Illinois Workers' Compensation Commission

2013 IL App (3d) 120411WC · Appellate Court of Illinois · Jan 9, 2014

As such, we find that she qualifies as a traveling employee.1 ¶ 17 A finding that a claimant is a traveling employee, however, does not relieve the employee of the burden of proving that her injury arose out … A decision is against the manifest weight of the evidence only if an opposite conclusion is clearly apparent. Will County Forest Preserve District v.

Szewczyk v. Board of Fire and Police Commissioners of the Village of Richmond, Illinois

Appellate Court of Illinois · Mar 18, 2008

The parties do not dispute that a police chief qualifies as a necessary officer. … The denial of a hearing is properly remedied through mandamus because plaintiff has clearly established that (1) he has a clear right to a hearing before the Commissioners, (2) there is a clear duty on the part of the Commissioners

County of Lake v. First National Bank

68 Ill. App. 3d 693 · Appellate Court of Illinois · Jan 18, 1979

Therefore, all the provisions of that ordinance clearly apply. … In fact, the record reflects that many of the airplanes and objects in the defendant’s museum are considered to be “antiques” by those qualified to appreciate such matters.

People v. Sims

374 Ill. App. 3d 231 · Appellate Court of Illinois · Jun 8, 2007

And clearly when an affirmative defense is being raised as to the charges against him, you have an obligation to put the State on notice as to that. … Messer is a world-renowned cardiologist and thus far better qualified. At the outset, we note that the issue here is not who among the two experts was better qualified to offer an opinion but rather whether Dr.

People v. Costic

2021 IL App (3d) 180618 · Appellate Court of Illinois · May 26, 2021

much in our prior decision and see no reason to conclude otherwise in this case: “Based on defendant’s brother invoking his fifth amendment rights and him having been charged with ‘clearly … When asked if the other man was in the courtroom, she said no but then qualified that answer by saying, “I didn’t quite get a good look at him.”

Eid v. Loyola University Medical Center

2017 IL App (1st) 143967 · Appellate Court of Illinois · Apr 21, 2017

Our review of the record establishes that Loyola presented more than enough evidence to establish that a verdict in its favor would be a reasonable conclusion. ¶ 30 In Snelson, our supreme court affirmed … Ostrowski established that she reported to Dr.

Rodriguez v. Bagnola

297 Ill. App. 3d 906 · Appellate Court of Illinois · Jun 30, 1998

Second, although Bagnola objected to the Superintendent’s tendering of M.E George as its toxicology expert, we agree with the hearing officer’s decision that George was qualified to testify as an expert in toxicology because … However, this does not amount to absolute immunity from laches. Rather, laches does not apply to the exercise of governmental powers except under “compelling circumstances.”

Duewel v. Lahman

103 Ill. App. 3d 220 · Appellate Court of Illinois · Dec 29, 1981

Its contention in this regard was based on section 3—102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 3—102). … In sum, applying either the manifest weight of the evidence or the Fedrick test, we believe the evidence clearly supported the jury’s verdict that both Lahman and the County of Kane were negligent. Pedrick v.

VETERANS MESSENGER SERVICE, INC. v. Jordan

393 Ill. App. 3d 715 · Appellate Court of Illinois · Aug 3, 2009

The Department responds that Veterans forfeited this argument by failing to raise it in a written objection to Rodgers’ 1993 recommended decision that the couriers did not qualify as independent contractors. … The Department’s ruling that the drivers were employees passed review under the clearly erroneous standard. AFM, 198 Ill. 2d at 408 .