Case law

Smith v. Haran

273 Ill. App. 3d 866 · Appellate Court of Illinois · Jun 27, 1995

Section 3 — 307 states that "[w]hen signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense.” (Ill. Rev. … If the testimony was to be that decedent did indeed give them money at some specific point in time, that would clearly qualify as an event.

Brown v. State Officers Electoral Board

2026 IL App (1st) 260169-U · Appellate Court of Illinois · Feb 24, 2026

We review a mixed question of fact and law under the clearly erroneous standard. Cinkus, 228 Ill. 2d at 211. … The hearing officer further found that Brown did not establish that the signer resided at the address shown.

People v. Bowen

2015 IL App (1st) 132046 · Appellate Court of Illinois · Sep 24, 2015

It is the defendant’s burden to affirmatively establish that the sentence was based on improper considerations (People v. Conley, 118 Ill. … App. 3d 122, 133 (1983)), and we will not reverse a sentence imposed by a trial court unless it is clearly evident the sentence was improperly imposed (People v.

Belvidere South Towne Center, Inc. v. One Stop Pacemaker, Inc.

54 Ill. App. 3d 958 · Appellate Court of Illinois · Nov 23, 1977

The lease in the instant case did not define the term “Drug Store” and did not include any descriptive language to qualify or limit its application in this lease. Contrast First Trust & Savings Bank v. … The issuance of a permanent injunction will not be set aside on appeal unless the trial court has abused its sound discretion, and this is clearly not such a case. (Illinois Power Co. v. Latham (1973), 15 Ill.

Kepple and Company v. Cardiac, Thoracic & Endovascular Therapies

Appellate Court of Illinois · Dec 16, 2009

In so doing, the trial court made numerous findings and conclusions, which can be summarized as follows: (1) Cardiac Thoracic did not qualify as a competing business of Kepple’s as defined in the employment contract; ( … Cardiac Thoracic, therefore, was clearly entitled to judgment as a matter of law on Kepple’s claim for breach of the services contract.

Spectramed, Inc. v. Gould, Inc.

Appellate Court of Illinois · Oct 16, 1998

The plain language of both sections 6.05 and 2.04(b) clearly contemplates the applicability of section 2.04(b) to patent infringement claims. … Gould's letter clearly evinces its concurrence with Spectramed's intent to continue the manufacture and sale of the existing products.

Santiemmo v. Days Transfer, Inc.

9 Ill. App. 2d 487 · Appellate Court of Illinois · Apr 24, 1956

The evidence in behalf of the plaintiff in the case before us was sufficient to establish liability. … A witness on behalf of the defendant was qualified as an expert.

Suttle Ex Rel. Central Trust Bank v. Lake Forest Hosp.

315 Ill. App. 3d 96 · Appellate Court of Illinois · Jun 30, 2000

Normally, laypersons are not qualified to evaluate professional medical conduct (Addison v. … In our view, Holton is clearly inapposite on this issue.

In re Marriage of Main

2020 IL App (2d) 200131 · Appellate Court of Illinois · Nov 2, 2020

“Talandis is not dispositive because the failure to file an appellee’s brief does not establish or corroborate the answer to a certified question. … In order to qualify for waivers of court charges under section 5-105, litigants themselves must submit an application that details their financial status.

People v. Fields

2017 IL App (1st) 110311-B · Appellate Court of Illinois · Jun 14, 2017

As the State was only required to prove the “status” of defendant’s prior convictions to establish AHC and not their reliability, we reject defendant’s argument. ¶ 50 III. … A statute bears a strong presumption that it is constitutional; defendant bears the burden of overcoming that presumption and clearly showing that the statute is unconstitutional. People v.

People v. Rucker Modified Upon Denial of Rehearing - replaces opinion filed 8/19/03

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

Salcedo v. Retirement Board of the Policemen's Annuity & Benefit Fund of Chicago

228 N.E.3d 302 · Appellate Court of Illinois · Mar 31, 2023

As an initial matter, the circuit court determined that the correct standard of review was “clearly erroneous,” as the issue was one of both law and fact. … the evidence may have established that Salcedo was permanently disabled from his on-duty injury at the time of his death.

New Holy Temple Missionary Baptist Church v. Discount Inn, Inc.

Appellate Court of Illinois · Feb 9, 2007

In this case the church clearly had a genuine interest in the outcome of its section 2-1401 petition to vacate the tax deed judgment. … (a) Property used exclusively for: (1) religious purposes; * * * *** qualifies for exemption as long as it is not used with a view to profit

In re Brianna B. Originally filed as a Rule 23. Re-filed as Opinion

Appellate Court of Illinois · Oct 16, 2002

The doctors recommended flu shots for all persons around Brianna B. because of her compromised immune system. … We find that overall the record clearly shows that respondent parents maintained interest and concern in Brianna B.

Talerico v. Village of Clarendon Hills

452 Ill. Dec. 603 · Appellate Court of Illinois · Jun 22, 2021

To qualify for health insurance benefits under the Act, a full-time law enforcement officer must “suffer[ ] a catastrophic injury or [be] killed in the line of duty” (820 ILCS 320/10(a) (West 2014)) and the injury … See 820 ILCS 320/10(b) (West 2014) (listing the four factors under which injury or death must result for a public safety employee to qualify for benefits under the Act).

Graham v. Lakeview Pantry

2019 IL App (1st) 182003 · Appellate Court of Illinois · May 27, 2020

Hougan thus held that the lessee store was immune from the premises liability action. 2013 IL App (2d) 130270, ¶ 44. ¶ 24 As in Hougan, the lease terms in this case dictate liability. … In this case, Lakeview Pantry’s lease’s section 10(a) clearly states that the landlord is responsible for all structural repairs, supporting Lakeview Pantry’s proposition that it did not control the area where

Carpenters' Union v. Citizens' Committee

244 Ill. App. 540 · Appellate Court of Illinois · Jun 13, 1927

By what Idnd of logic, therefore, may it now successfully contend that it is immune to suit on the part of those it has continued to injure ? … Mason Builders’ Ass’n, 169 Fed. 259 , the court said, “Members of unions cannot be said to be monopolists when any qualified bricklayer can join a union.” In Lohse Patent Door Co. v.

Harris v. Cropmate Co.

Appellate Court of Illinois · Jan 26, 1999

Conceivably, even if he had never seen a bumblebee, he still would be qualified to testify, as long as he was familiar with its component parts. … Similarly, the opinion wit­nesses here employed univer­sally accepted and firmly established scien­tific methods of observation and deductive reasoning.

Home Healthcare of Illinois, Inc. v. Jesk

2017 IL App (1st) 162482 · Appellate Court of Illinois · Dec 19, 2018

The hospital moved for summary judgment, arguing that it was immune from damages under a provision of the Hospital Licensing Act (210 ILCS 85/1 et seq. … However, that edition, like later ones, clearly provides two opposing definitions of the word.

People Ex Rel. Birkett v. 1998 Chevrolet Corvette

331 Ill. App. 3d 453 · Appellate Court of Illinois · Jun 20, 2002

Ill. 1993), is not of much aid in establishing his innocent owner defense. … Even assuming arguendo that Robert presented some evidence of ownership, he did not prove by a preponderance of the evidence that he qualified as an innocent owner.