Case law

Glorioso v. Sun-Times Media Holdings, LLC

468 Ill. Dec. 94 · Appellate Court of Illinois · May 8, 2023

A dismissal pursuant to section 2-615 is only proper where it clearly appears that no set of facts could be proved under the pleadings that would entitle the plaintiff to relief. Id.; Casualty Insurance Co. v. … We find that the Sun-Times has not sufficiently established that Glorioso’s suit was meritless.

Garfield Park Community Hospital v. Vitacco

27 Ill. App. 3d 741 · Appellate Court of Illinois · Apr 7, 1975

David Petty, a qualified surgeon, testified that there were dangers inherent in use of the Bryant’s traction. … The cases in Illinois are clear and abundant in establishing the physician’s duty of reasonable skill and due care in treating his patient. (Note the cited cases in Borowski v.

Lukas v. American National Bank & Trust Co.

155 Ill. App. 3d 512 · Appellate Court of Illinois · May 4, 1987

Bach asserted that Sinclair’s conclusions were inconsistent with the facts because it could not be established conclusively that a discrepancy did, in fact, exist in the GLO values associated with the HLA marker shared by … Furthermore, while the trial court recognized that the petitioner’s experts were eminently qualified, their opinions are by no means conclusive, even if there was no question concerning the underlying facts.

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).

Gunning v. Sheahan

73 Ill. App. 118 · Appellate Court of Illinois · Jan 6, 1898

case, supra, the Supreme Court say: “While the remedy of mandamus rests largely in the discretion of the courts, yet the rule is uniform and inflexible that the writ will not be granted unless the relator’s right to it is clearly … established.”

People v. Workman

38 Ill. App. 3d 261 · Appellate Court of Illinois · Dec 31, 1975

that appellant has now become qualified to reacquire parental rights and the custody of the children, and that it is to the best interests of the children that she be given such rights. … Oeth clearly and correctly defines that adoption and custody are entirely different things.

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 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.

In re Yohan K.

993 N.E.2d 877 · Appellate Court of Illinois · Jun 19, 2013

The court qualified Dr. Barnes as an expert in pediatric radiology and pediatric neuroradiology, as well as an expert qualified in the areas of imaging of child abuse and the mimics of child abuse. … A finding is against the manifest weight of the evidence if the opposite conclusion is clearly evident.

In Re Andrew B.

896 N.E.2d 1067 · Appellate Court of Illinois · Oct 2, 2008

Accordingly, we conclude that respondent clearly established the criteria necessary to satisfy the public-interest exception to the mootness doctrine." A.W., 381 Ill. App.3d at 955 , 320 Ill.Dec. 687 , 887 N.E.2d 831 . … A respondent's remedy *1073 for the previous improper detention, or for any improper detention after the court orders the respondent discharged, is not immunity from subsequent detention that would otherwise be valid.

In Re Marriage of Seymour

206 Ill. App. 3d 506 · Appellate Court of Illinois · Dec 19, 1990

. §401 (k) (West Supp. 1990)) account established for the purpose of financing the children’s college education. … Her degree was 18 years old, and she guessed that she would be required to take refresher courses to qualify for a position.

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

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.

In Re Application of Busse

145 Ill. App. 3d 530 · Appellate Court of Illinois · Jun 25, 1986

The trial court has twice ordered him to appear pursuant to the subpoena, and has granted him immunity from service of summons for the dates of deposition, and he has twice failed to comply with the court’s orders. … However, the question of reviewability of the denial of a motion for summary judgment where the case is on appeal from a final judgment and where there has been no trial on the merits is not so well established.

Kalbfleisch v. Columbia Community Unit School District Unit No. 4

396 Ill. App. 3d 1105 · Appellate Court of Illinois · Dec 16, 2009

The party seeking a preliminary injunction is required to establish four factors before an injunction will be granted: (1) a clearly ascertained right in need of protection, (2) an irreparable injury in the absence of an … Here, the school district does not contest that Carter has a clearly ascertained right in need of protection under the service animal statute.

People v. Young

116 Ill. App. 3d 984 · Appellate Court of Illinois · Jul 29, 1983

Ct. 2699 .) “ ‘The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.’ [Citations.] … A conflict in testimony does not in itself establish a reasonable doubt of guilt. (People v. Owens (1977), 46 Ill. App. 3d 978 , 361 N.E.2d 644 .)

Goddard Tool Co. v. Crown Electrical Manufacturing Co.

219 Ill. App. 34 · Appellate Court of Illinois · Jun 29, 1920

App. 682 , it was said: “The jury were accurately and clearly instructed as to what in law constitutes a stated account, and its legal effect in an instruction given on behalf of the plaintiff, as follows: “ ‘If the jury … Thereafter, if an action as upon an account stated be brought upon the claim, the original character or form of the debt, as well as' what kind of evidence was necessary to establish the same, is unimportant, for the cause

Wagner v. Certain Underwriters at Lloyd London

2026 IL App (1st) 251140 · Appellate Court of Illinois · Jun 26, 2026

Wagner did not qualify for an increased Principal Sum Amount because there was “no number [it] had ever acknowledged, or otherwise agreed to” as Mr. … The undisputed evidence at trial was that PIU/Underwriters received and agreed to use Kaye Scholer’s annual censes data, including the projected earned income figures it established each spring, to determine which partners

Philadelphia Indemnity Insurance Company v. Pace Suburban Bus Service

67 N.E.3d 556 · Appellate Court of Illinois · Nov 17, 2016

When the plaintiff filed her complaint, the Local Governmental and Governmental Employees Tort Immunity Act granted certain immunities to local public entities but such immunities were waived if an entity was protected … ¶ 30 The court, explaining the purpose behind the immunity waiver rule, stated that, in the case of commercial insurance, “the immunity is waived since government funds are no longer in jeopardy and immunity would inure

Bellow v. Bellow

94 Ill. App. 3d 361 · Appellate Court of Illinois · Mar 19, 1981

We would then be faced with the problem of establishing certain criteria for the justification of a given multiplier. … That is clearly an undesirable spectre.