Case law

In re Marriage of Farrell

2017 IL App (1st) 170611 · Appellate Court of Illinois · Apr 30, 2018

exclusively by a qualified domestic relations order. … In sum, Thomas concluded that the marital settlement agreement clearly set forth the parties’ intent that Joanne was to receive 50% of the marital portion of his fireman’s annuity, not of his disability benefits

People ex rel. Ryan ex rel. Douglas v. IBP, Inc.

309 Ill. App. 3d 631 · Appellate Court of Illinois · Dec 30, 1999

Moreover, requiring different pleadings in administrative and circuit court proceedings does not undermine the goal of establishing uniformity in environmental proceedings. … hearings before the Board only and has no bearing on plaintiffs’ complaint and motion for injunctive relief. *** [S]ection 33(c)’s specificity arises from the composition of the Board itself; its members are ‘technically qualified

Panepinto v. Morrison Hotel, Inc.

71 Ill. App. 2d 319 · Appellate Court of Illinois · Apr 22, 1966

He said further, “I am not really qualified in my own field to make this diagnosis.” At this turn in the testimony of Dr. … It must be remembered that medical evidence of this character is admissible only because the witness is qualified to render such an opinion by virtue of special knowledge and experience not shared by persons generally.

People v. Lombardi

13 Ill. App. 3d 754 · Appellate Court of Illinois · Jul 27, 1973

Herbert Rix, for the State: After being granted immunity pursuant to Ill. Rev. … With the object of the conspiracy properly established, defendant is placed in no danger of a second prosecution for the same offense.

Magee v. Garreau

Appellate Court of Illinois · Jul 30, 2002

In his highly qualified statement in his affidavit, Russell merely stated that he "never received any notification that he [Magee] did not understand the agreement to be stated above." … Defense counsel argued that the parties had an enforceable settlement agreement when the undisputed facts clearly revealed no meeting of the minds.

Riggs v. Woman to Woman, Obstetrics & Gynecology, P.C.

Appellate Court of Illinois · Jul 8, 2004

Clearly, there is a difference. … Defendant asserts that its inadvertent failure to register should not excuse plaintiff from performing under the agreement and that the relevant policy considerations clearly establish that the trial court's punishment did

People v. Gunn

2019 IL App (1st) 170542 · Appellate Court of Illinois · Jun 30, 2020

Matters of trial strategy are generally immune from claims of ineffective assistance of counsel. … As we noted above, matters of trial strategy are generally immune from claims of ineffective assistance of counsel.

People v. Nwadiei

207 Ill. App. 3d 869 · Appellate Court of Illinois · Dec 24, 1990

At trial, the State introduced witnesses from the Illinois Department of Public Aid (IDEA), who established the procedures for verification of claims submitted to the medicaid program. … Ibeanu testified, under a grant of immunity, that Nwadiei had pressured him to sign fraudulent invoices from three pharmacies he owned with Nwadiei, the 5th Avenue, Maywood, and Northwest pharmacies. Mr.

Calles v. Scripto-Tokai Corp.

358 Ill. App. 3d 975 · Appellate Court of Illinois · Jun 30, 2005

A plaintiff can establish a cause of action for strict products liability based on a defective design in either of two ways. Lamkin v. Towner, 138 Ill. 2d 510, 529 (1990). … Clearly, at times, efficient kitchen operation would require keeping a top off of the fryer. Defendant draws analogy to a sharp kitchen knife that might be on a table.

Tony's Finer Foods Enterprises, Inc. v. Certain Underwriters at Lloyd's, London

2024 IL App (1st) 231712 · Appellate Court of Illinois · Sep 10, 2024

These incidents may be examples of the type of data breaches that would qualify for coverage under the policy at issue, but none of them involves Tony’s. … The allegations of the underlying Act lawsuit do not qualify for coverage regardless of whether Tony’s timely reported that lawsuit to Lloyd’s.

St. Paul Fire & Marine Insurance v. Michelin Tire Corp.

12 Ill. App. 3d 165 · Appellate Court of Illinois · May 15, 1973

The lines of shear were clearly visible and, when they were aligned, it created a “beautiful fit.” There also existed surface gouges and scratches leading to the point of rupture. … Reffner abandoned his first supportive finding and qualified his second.

People v. Bivens

163 Ill. App. 3d 472 · Appellate Court of Illinois · Nov 13, 1987

Despite the detriment the comment may have been to the defendant, the comment was clearly based on evidence and was therefore proper. … Stat. 1985, ch. 38, par. 9—1(f)), that “the burden of proof of establishing the existence of any of the factors set forth in subsection (b) is on the State and shall not be satisfied unless established beyond a reasonable

Blackhawk Production Credit Ass'n v. Bay

69 Ill. App. 3d 239 · Appellate Court of Illinois · Mar 16, 1979

If the farmer has otherwise qualified he must, in order to obtain a loan, malee an investment in the Association, which in the case of Blackhawk is a purchase of *5 in stock and a deposit of *5 in a capital reserve account … the manifest weight of the evidence and that an opposite conclusion is clearly evident.

Sandler v. Sweet

2017 IL App (1st) 163313 · Appellate Court of Illinois · Aug 4, 2017

¶ 17 As discussed above, the Illinois Supreme Court has clearly stated that a plaintiff cannot maintain a medical negligence cause of action absent a direct physician-patient relationship with the defendant unless a … Indeed, our supreme court reaffirmed the “long- established principles in Kirk and Doe” and declined to expand the scope of the physician-patient relationship to nonpatient third parties. See Tedrick v.

Woolums v. Huss

323 Ill. App. 3d 628 · Appellate Court of Illinois · Jun 28, 2001

Schurman is not qualified to and does not make assertions that the CT plates showed osteomyelitis and that Dr. … Beekil, 183 Ill.2d 407, 422-24 , 233 Ill.Dec. 810 , 701 N.E.2d 1084, 1091-92 (1998), where the court first rejected the plaintiffs' claims that a cause of action existed for fear of contracting acquired immune deficiency

People v. Adams

291 Ill. App. 3d 180 · Appellate Court of Illinois · Nov 19, 1997

We conclude that, although the vehicle sticker requirement has an apparent legitimate revenue-raising purpose, this hardly equates with the "compelling" public safety purpose of a DUI checkpoint and does not qualify as a … In examining whether such a checkpoint was effective in advancing the public interest, the Court clearly implied that it was the domain of "politically accountable officials" to decide "which among reasonable alternative

Hastings Mut. Ins. Co. v. Ultimate Backyard

358 Ill. Dec. 585 · Appellate Court of Illinois · Feb 9, 2012

Each part shall also clearly show the points or grounds relied upon under the section on which it is based. 735 ILCS 5/2-619.1 (West 2010). … Appellees argue that the stay order does not qualify as an injunction and does not qualify as an appealable interlocutory order under Illinois Supreme Court Rule 307(a). Ill. S.Ct. R. 307(a) (eff. Feb. 26, 2010).

Petrik v. Monarch Printing Corp.

150 Ill. App. 3d 248 · Appellate Court of Illinois · Nov 12, 1986

Nonetheless, the court concluded that because the trial court had dismissed her claim on immunity grounds she should be given leave to amend her complaint in the trial court. … If evidence would not have helped to established plaintiff’s case, an award of damages for its destruction would work a windfall for the plaintiff.

People v. Gholston

Appellate Court of Illinois · Jun 27, 2002

“A rule that qualifies under this exception must not only improve accuracy, but also 'alter our understanding of the bedrock procedural elements’ essential to the fairness of a proceeding.” Sawyer v. … Ct. 1712 (1986) ( Batson ) and other cases related to the rule established in Gideon .

Rybak v. Provenzale

181 Ill. App. 3d 884 · Appellate Court of Illinois · Apr 17, 1989

Iain McIntyre as a rebuttal expert witness in the face of his objection based on Supreme Court Rule 220 (107 Ill. 2d R. 220) and to qualify McIntyre as an expert witness. … App. 3d 902 ), and error for the court to qualify McIntyre as an expert witness — a matter within its sound discretion (People v.