Case law

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.

Curi v. Murphy

366 Ill. App. 3d 1188 · Appellate Court of Illinois · Jun 27, 2006

Clearly, Dr. Messer did not testify as to a different standard for cardiologists. … In the special interrogatory, the jury clearly found Dr. Murphy negligent.

Carlson v. Glueckert Funeral Home, Ltd.

407 Ill. App. 3d 257 · Appellate Court of Illinois · Feb 4, 2011

Further, there was clearly a “dispute” between Eleanor’s surviving adult children concerning the disposition of her remains. The term “dispute” is not defined in the Act. … The conflicting assertions of rights by Scott and Denise, in the plain and ordinary sense of the term, qualify as a dispute concerning control over the disposition of Eleanor’s remains.

Libertyville Education Ass'n v. Board of Education

56 Ill. App. 3d 503 · Appellate Court of Illinois · Dec 31, 1977

The court held that the contract was unenforceable under the statute then in effect, the “spirit and intent” of which was “clearly repugnant to the idea that one board 000 may, by contracts wholly to be carried out in the … The statute was changed again with the passage of the act establishing tenure for teachers (Ill. Rev. Stat. 1941, ch. 122, par. 136c), but in Hostrop v.

Nokomis Creamery Co. v. Grennan

46 Ill. App. 250 · Appellate Court of Illinois · May 20, 1892

It appears that the business was commenced upon the gauge system, so called (which is not clearly explained by the testimony), but this proving unsatisfactory, in November, 1887, they put in a test churn to show more accurately … Since the charge was general, and sought to be established as an inference from the fact of shortage, without proof pointing to any specific act as wrongful, he could do no more to meet it than to make a general denial and

Rogers v. Village of Tinley Park

116 Ill. App. 3d 437 · Appellate Court of Illinois · Jun 30, 1983

the office of village trustee: “In my opinion, Trustee-elect Rogers may not continue to be employed as a Village police officer after he qualifies to hold the office of Village Trustee. … Although the particular offices or positions to which these three commissioners were assigned are not incompatible with their offices as commissioners in the sense of function, nevertheless they are clearly incompatible within

Pelham v. Griesheimer

93 Ill. App. 3d 751 · Appellate Court of Illinois · Feb 27, 1981

While plaintiffs’ amended complaint appears to be grounded in tort, we shall address briefly plaintiffs’ contention on appeal that they qualify as third-party beneficiaries and are thereby entitled to recover for damages … Clearly, plaintiffs’ mother retained defendant for the primary purpose of representing her own interests in a divorce proceeding.

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.

Jackson v. Seib

Appellate Court of Illinois · Apr 10, 2007

Beyer was not qualified to give an expert opinion regarding the severity of the impact based on the photographs, we cannot say that the trial court abused its discretion by admitting the photographs into evidence without … To qualify as "scientific knowledge," an inference or assertion must be derived from the scientific method. Daubert, 509 U.S. at 590, 125 L. Ed. 2d at 481, 113 S. Ct. at 2795.

People v. Fisher

Appellate Court of Illinois · Mar 8, 2011

Rather, "abuse of discretion" is associated with such adjectives as "arbitrary" and "clearly illogical." Id. … An abuse of discretion goes outside the range of reasonableness and disregards established principles of law, thereby causing a party substantial prejudice. Id.

Johnson v. Figgie International, Inc.

151 Ill. App. 3d 496 · Appellate Court of Illinois · Dec 31, 1986

App. 3d 884, 888 , 413 N.E.2d 1381 ) and that, as a result, a salesman is clearly not covered by the statute. … But, the plaintiffs in Reiss and the plaintiff in the instant case, salesmen working for wages, clearly qualify as employees, according to definition.

People v. Lewis

Appellate Court of Illinois · Nov 8, 2002

The clearly savage beating of a child which resulted in an innocent and defenseless child’s death. … Defendant argues the evidence failed to establish this factor.

Mahan v. Richardson

284 Ill. App. 493 · Appellate Court of Illinois · Apr 7, 1936

After a careful consideration of the testimony of plaintiff we have reached the conclusion that the instant contention is clearly a meritorious one. … There are certain established rules of law that apply to a situation like the one present in the instant case: In Griffith v.

Wabash Railway Co. v. Perkins

137 Ill. App. 514 · Appellate Court of Illinois · Dec 7, 1907

We think a careful review of the evidence establishes appellant’s negligence and appellee’s due care. … This instruction was clearly argumentative and should not have been given.

May v. Wood River Township Hospital

257 Ill. App. 3d 969 · Appellate Court of Illinois · Jan 21, 1994

stated earlier in a deposition in a malpractice case and the committee reviewed the deposition, no privilege could attach to secrete the deposition from the discovery process, nor should the fact that it was considered be immune … The cases and examples cited above clearly establish that the evidence at issue in the instant appeal is outside the scope of the Act. Any material or information generated concerning Dr.

People v. Claver

162 Ill. App. 3d 62 · Appellate Court of Illinois · Oct 16, 1987

He didn’t qualify that at all? A. No. He nodded his head yes and he indicated yes.” … The evidence established that these officers were observing arrivals from Florida at the Quad City Airport because large quantities of drugs were coming from Florida.

People v. Coleman

116 Ill. App. 3d 28 · Appellate Court of Illinois · Jul 8, 1983

If this were the law, any impromptu conversation would qualify as an excited utterance. … In each of these cases, the courts clearly stated that the photographs were relevant to some fact at issue. Such is not the case here.

Murillo v. Page

Appellate Court of Illinois · Feb 4, 1998

A decision on a motion to dismiss is a matter of discretion for the trial court, and a complaint should not be dismissed unless it clearly appears that no set of facts can be proved which entitles plaintiff to recover. … A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of State law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

Soderlund Bros., Inc. v. Carrier Corp.

278 Ill. App. 3d 606 · Appellate Court of Illinois · Nov 17, 1995

. *** From the data received from this firm and the information gathered from their references, it is my opinion that this firm was not qualified to submit a proposal for this contract.” … Clearly, this statement is one of opinion and not of fact. Moreover, the bases for this opinion were amply supported by factual matter set forth in the March 16 letter, which included the statements discussed above.

In re A.M.

2013 IL App (3d) 120809 · Appellate Court of Illinois · Mar 20, 2013

App. 3d at 395. ¶ 31 In this case, respondent’s counsel very clearly enunciated the correct standard to be applied by the court. … So the Court will proceed on its hearing to establish guardianship ***.” ¶ 32 The record before us here clearly shows that without first holding an evidentiary hearing as to respondent’s willingness and ability