Case law

Domke v. McCue

110 Ill. App. 2d 1 · Appellate Court of Illinois · Apr 29, 1969

Plaintiff entered her appearance in those proceedings, but filed no pleadings nor took any action to establish herself as a residuary legatee or otherwise assert a claim in the estate. … Plaintiff argues that if the decedent had so clearly in mind what she meant, then following her prior language in Paragraph Nineteenth, she undoubtedly would have said in Paragraph Twentieth: "... among my nieces and nephews

Wigoda v. Cousins

14 Ill. App. 3d 460 · Appellate Court of Illinois · Sep 12, 1973

McWeeney, in which no statute was in issue, most clearly states: “The general rule is well established that the judicial department of the government has no right to interfere with or attempt to control a citizen in the exercise … Stat, ch. 146, § 8) clearly states: “§ 8. Neither party shall have more than one change of venue.”

Lurie v. Rupe

51 Ill. App. 2d 164 · Appellate Court of Illinois · Aug 14, 1964

(supra) a New York publisher used an independent Illinois printing company solely to qualify with the postal department for mailing second class matter. … This established a sufficient cause of action against the trustees.

Robert Snyder & Associates, Inc. v. Cullerton

75 Ill. App. 2d 1 · Appellate Court of Illinois · Sep 15, 1966

Under the statutory provisions the burden is on the plaintiff to establish that the Director’s decision is incorrect. … The board recommended an amendment to section 18 (c) (6) to remove the requirement that the predecessor and successor units be owned or controlled by the same interests, in order to qualify for a variable rate.

State Police v. Fraternal Order of Police Troopers Lodge No. 41

323 Ill. App. 3d 322 · Appellate Court of Illinois · Jun 28, 2001

AFSCME I, 173 Ill. 2d at 307 , 671 N.E.2d at 674 . •6 As to the initial inquiry, an established public policy unquestionably exists promoting effective law enforcement. … All three of these clearly apply, however, to interrogations as part of an administrative investigation, not a criminal one.

Applegate Apartments Ltd. Partnership v. Commercial Coin Laundry Systems

276 Ill. App. 3d 433 · Appellate Court of Illinois · Nov 17, 1995

All three swore that they were never authorized or qualified to certify or affirm whether Commercial Coin had a lawful lease. … We express no judgment as to the credibility of the affidavit, but we will observe that the affidavit clearly shows an absence of due diligence.

Adams v. American International Group, Inc.

339 Ill. App. 3d 669 · Appellate Court of Illinois · Apr 11, 2003

Thus, because the release does not create the debtor/creditor relationship, it does not qualify as an instrument of writing under section 2 of the Interest Act. … The unjust enrichment claim clearly arises out of the settlement agreement that governs the payment of the settlement proceeds.

People v. Flowers

306 Ill. App. 3d 259 · Appellate Court of Illinois · Jul 14, 1999

Established Illinois law clearly permits impeachment by prior conviction by the admission of a certified copy of the prior conviction into evidence. People v. Nelson, 275 Ill. … However, Talarico qualified his recollection on this point by acknowledging that the events occurred “two years ago.”

People v. Ras M.

344 Ill. App. 3d 503 · Appellate Court of Illinois · Nov 24, 2003

The Guardian responded that the evidence did not clearly and convincingly demonstrate paternity. … Thus, the petition in each case qualified as a complaint. See 735 ILCS 5/2 — 602 (West 2000); Kasper v. Frank, 9 Ill. App. 3d 481, 483 (1972).

Lake County Riverboat L.P. v. Illinois Gaming Board

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 .

Haudrich v. Howmedica, Inc.

267 Ill. App. 3d 630 · Appellate Court of Illinois · Nov 14, 1994

We do not, absent unambiguous evidence, infer a scope of pre-emption beyond that which clearly is mandated by Congress’ language. … Second, the word "issued” is third in the series of "enacted, promulgated or issued,” and the first two clearly refer to legislative and/or regulatory methods.

Told v. Madison Building Co.

216 Ill. App. 29 · Appellate Court of Illinois · Dec 2, 1919

under all counts of plaintiff’s declaration a recovery was not sought on the theory that she was a licensee but on the theory that defendant owed her the duty to exercise ordinary care for her safety; that the proof did not establish … It is true the witness said ‘ extremely probable, ’ ’ but that statement was immediately thereafter qualified.

People v. Partee

157 Ill. App. 3d 231 · Appellate Court of Illinois · Jul 21, 1987

The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified. (People v. … It is evident that Jonakait was not qualified to act as an expert in this instance.

Doe v. Chand Corrected Opinion

Appellate Court of Illinois · Sep 4, 2002

The party seeking disqualification bears the burden of establishing that the present and former representations are substantially related. [Citation.] … Clearly, our legislature felt that additional protection was needed to ensure the confidentiality of HIV testing.

Rinchich v. Village of Bridgeview

235 Ill. App. 3d 614 · Appellate Court of Illinois · Sep 22, 1992

Defendants maintain that “the totality of the record clearly refutes [Rinchich’s] conclusions and supports the findings of the trial court.” … of the duties of the position is sufficient to establish the existence of the position.

Robertson v. Louisville & Nashville Railroad

327 Ill. App. 44 · Appellate Court of Illinois · Oct 26, 1945

They are well known established principles of law. … It is an equally well known and established principle of law that, which qualifies the foregoing rules, where an examination of the record shows that the verdict of the jury is clearly against the manifest weight of the evidence

Iowa-Illinois Gas & Electric Co. v. Hoffman

127 Ill. App. 3d 496 · Appellate Court of Illinois · Aug 6, 1984

While conceding that Darrel Hofer was properly qualified as an expert with regard to certain aspects of the hog farming operation on the property, the utility argues that his testimony about the above matters was beyond his … He was not called in their case-in-chief, as an expert, which would clearly have violated their previously disclosed list of experts, which did not include him.

People v. Brexton

982 N.E.2d 250 · Appellate Court of Illinois · Dec 28, 2012

The defendant has the burden of establishing a violation of his or her speedy-trial rights. People v. Higgenbotham, 2012 IL App (1st) 110434, ¶ 16. … Defendant asserts that his pro se motions leading up to the February 12 hearing clearly demonstrated that he wished to preserve his right to a speedy trial. ¶ 16 Defendant further points out that the

People v. Rucker

280 Ill. Dec. 801 · Appellate Court of Illinois · Feb 2, 2004

That forensic chemist Gwendolyn Brister is employed by the Chicago— Illinois State Police and is qualified to testify as an expert in the area of forensic chemistry. … Rule 606 clearly states that when a timely posttrial or postsentencing motion has been filed by "counsel or by defendant, if not represented by counsel, any notice of appeal filed before entry of the order * * * shall have

People v. Hall

352 Ill. App. 3d 537 · Appellate Court of Illinois · Sep 3, 2004

There is no doubt that defendant's conduct in the instant case clearly falls within the statutory proscription. … We add here as further support for our conclusion our recognition that the statute at issue ensures that only appropriately qualified personnel are to perform the DNA extractions, they must be performed in a medically approved