Case law

Young v. Board of Trustees of the Police Pension Fund

57 Ill. App. 3d 689 · Appellate Court of Illinois · Feb 21, 1978

This paragraph shall not be construed to make ineligible a person reappointed to the police force after his 36th birthday, provided he is otherwise qualified, and at the time of his first such appointment was either a participant … For all of these reasons we think that plaintiff was clearly ineligible to participate in the pension fund.

Whittaker v. De Jong

47 Ill. App. 3d 158 · Appellate Court of Illinois · Apr 1, 1977

The petitioners argue that section 3 clearly provides that annexation is in accordance with “a majority of the votes cast at such election,” not on a precinct by precinct basis. … We agree that if the area in which the election is to be held is qualified for annexation, the majority of the votes cast in that territory as a whole shall govern.

People v. Edmondson

106 Ill. App. 3d 716 · Appellate Court of Illinois · May 12, 1982

The record clearly indicates the court’s opinion that defendant should be imprisoned because of his propensity to commit crimes. We find no error. … The court declined to impose an extended sentence, even after determining that the defendant so qualified.

In re Christopher P.

976 N.E.2d 1095 · Appellate Court of Illinois · Sep 12, 2012

Generally, this court will not resolve a moot question before it solely to establish precedent or govern future litigation. … These criteria must be clearly satisfied. Id. The public-interest exception considers potential recurrences to any person, not only the complaining party. Holly v.

People v. Hansen

313 Ill. App. 3d 491 · Appellate Court of Illinois · May 18, 2000

Having been qualified as an expert in the field of forensic pathology, Dr. … Clearly, evidence that the defendant routinely picked up young boys hitchhiking and sexually assaulted them could not be used to directly establish that the defendant killed the victims.

People v. Pierce

223 Ill. App. 3d 423 · Appellate Court of Illinois · Jan 24, 1992

Such abilities clearly surpass those of the defendant in Bernasco. … But, the prosecutor then qualified his statement by saying, “[u]nfortunately our system does not allow us that opportunity.”

O'Loughlin v. Village of River Forest

Appellate Court of Illinois · Mar 28, 2003

O'Loughlin asserts that when the legislative history of the Act is reviewed, the term "catastrophic injury" clearly refers to any injury that causes a police officer to take a line-of-duty disability pension. … Does an injury that causes one to be unable to follow a chosen profession qualify as a final event?

Department of Central Management Services v. Illinois Labor Relations Board

2012 IL App (4th) 110356 · Appellate Court of Illinois · Dec 11, 2012

Accordingly, the Board’s finding Kondelis failed to qualify as a managerial employee under the application of the considerations in SENA is not clearly erroneous. ¶ 23 C. … If an employee meets the requirements established in any one of the tests, the employee is a confidential employee for purposes of the Labor Act. AFSCME, 153 Ill. 2d at 523, 607 N.E.2d at 189.

Lorenz v. Pledge

2014 IL App (3d) 130137 · Appellate Court of Illinois · Jun 24, 2014

The evidence at trial clearly establishes that defendants' motion for summary judgment should have been granted. … Regardless, this deputy did what any reasonably qualified and conscientious police officer would have done faced with the same situation.

Saipe v. Public School Teachers' Pension & Retirement Fund

144 Ill. App. 3d 735 · Appellate Court of Illinois · May 27, 1986

Saipe was employed as a “theme reader,” she was not a certified teacher, and accordingly, by the precise definition of section 17—106, which requires a teaching certificate to qualify under the section, she cannot fall within … In the present case, we believe the record adequately established the foundation for the board’s action. We find no merit to Mrs. Saipe’s claim that the record is insufficient to allow adequate judicial review.

Stenstrom Petroleum Services Group Inc. v. Mesch

375 Ill. App. 3d 1077 · Appellate Court of Illinois · Sep 7, 2007

The trial court found that Stenstrom failed to establish a likelihood of prevailing on the merits of its Trade Secrets Act claim against Mesch “and/or” that it failed to establish that there is no adequate legal remedy available … Information that is generally known or understood within an industry, even if not known to the public at large, does not qualify as a trade secret. Learning Curve Toys, Inc. v.

People v. Shaw

278 Ill. App. 3d 939 · Appellate Court of Illinois · Mar 26, 1996

Most bite mark circumstances involve a clearly identifiable injury caused by human teeth and the issue is the identification of the teeth. … The circuit court did not abuse its discretion in qualifying Dr. Kenney as an expert. As for Dr.

People v. Roy

201 Ill. App. 3d 166 · Appellate Court of Illinois · Jun 27, 1990

The first and third required factors of a spontaneous declaration are clearly met in this case. … B.R.’s statements, “my butt hurts,” and “my daddy put his two fingers up my butt,” clearly relate to the circumstances of the occurrence.

Monroe College of Optometry v. Goodman

332 Ill. App. 78 · Appellate Court of Illinois · Jun 26, 1947

Any student is welcome, regardless of record. ’ “ ‘The school caters to pawn shop and jewelry establishments trying to draw men from there, and not finishing, those men will go back and practice in those places of business … Moreover, the two overt acts referred to by defendants could he, although they need not be, ignored and there would still remain in the complaint a number of overt acts that the complaint shows clearly were committed after

In Re Estate of Muhammad

165 Ill. App. 3d 890 · Appellate Court of Illinois · Dec 31, 1987

The case at bar is clearly distinguishable from the Katz decision. … It is well established that contributions to an individual, "no matter how worthy," do not qualify for a charitable deduction. ( Tripp v. Commissioner of Internal Revenue (7th Cir.1964), 337 F.2d 432, 436 .)

Knox v. North American Car Corp.

80 Ill. App. 3d 683 · Appellate Court of Illinois · Jan 9, 1980

In deciding that question, the court is not strictly bound by precedents established in other contexts. … Yet in the very next paragraph of the opinion, the court accepts that an employee of the last purchaser may qualify as a beneficiary under section 2 — 318.

Richard's Tire Co. v. Zehnder

Appellate Court of Illinois · Mar 6, 1998

However, our review of the record leads us to clearly conclude that plaintiff’s machinery is primarily used in the process of manufacturing retread tires. … This standard is well established in Illinois jurisprudence. See, e.g. , Colorcraft Corp., Inc. v. Department of Revenue , 112 Ill. 2d 473, 481-82 (1986); Rodman v.

Ledferd v. Reardon

303 Ill. App. 300 · Appellate Court of Illinois · Jan 15, 1940

The law is well established that motions for new trials are addressed to the sound judgment of the trial judge and his actions therein will not be reversed except in case of a clear abuse, which must be affirmatively shown … He can note all incidents occurring during its progress which are likely to affect the result thereof, and he is better qualified to judge whether a fair trial has been held and substantial justice done, than an appellate

Buck v. Charletta

994 N.E.2d 61 · Appellate Court of Illinois · Jun 27, 2013

A jury should have been allowed to consider the expert evidence and the factual evidence alluded to above to make a determination of whether a reasonably well-qualified physician in Dr. … The trial court clearly gave credit to the defendants’ version of events and discounted the plaintiff’s. This is the sort of dispute that is left for a jury.

Bruni v. Department of Registration & Education

8 Ill. App. 3d 321 · Appellate Court of Illinois · Oct 31, 1972

the term, “felony,” to the extent that it qualified the term, “abortion,” manifested an intent to vest the former with extraterritorial breadth. … It is the Illinois General Assembly which is responsible for establishing the qualifications for medical practitioners in Illinois.