Case law

Meier v. Aetna Life & Casualty Standard Fire Insurance

149 Ill. App. 3d 932 · Appellate Court of Illinois · Nov 20, 1986

General Associates required that an appraisal from a qualified appraiser be provided, along with two photographs of the car, to establish the value of the car. … In his amended complaint, plaintiff has clearly set forth the necessary elements to establish a cause of action in estoppel.

People v. Balle

234 Ill. App. 3d 804 · Appellate Court of Illinois · Jan 28, 1992

We hold that the evidence in this case clearly supports a finding of guilt beyond a reasonable doubt. … Assuming that S.J.’s statement does qualify as a complaint under the statute, Baile argues, Mrs.

Essig v. Advocate Bromenn Medical Center

2015 IL App (4th) 140546 · Appellate Court of Illinois · Jul 10, 2015

“If the plaintiff fails to establish any element of the cause of action, summary judgment for the defendant is proper.” Williams v. … While I do agree Copeland’s section 2-622 report did not qualify as an affidavit under Rule 191(a), this issue was not presented for our review.

Bloom v. Braun Nunc Pro Tunc to Sep. 20, 2000

Appellate Court of Illinois · Nov 1, 2000

The trial court granted the motion, finding that Bloom failed to satisfy the requirements to establish fraudulent concealment and that she was legally disabled. … Here, Bloom clearly did not allege or argue that defendants did anything to conceal her cause of action. Rather, she argued that defendants made misrepresentations that concealed her injuries.

Labolle v. Metropolitan Sanitary District

253 Ill. App. 3d 269 · Appellate Court of Illinois · Jul 10, 1992

However, we need not turn to the common law principles in this case, since the legislature has spoken clearly in establishing who is entitled to participate in the MSB pension fund. … Therefore, these statements, even if made by defendants, do not qualify as misrepresentation or concealment. Accordingly, plaintiffs’ claim for equitable estoppel must fail.

Walker v. The Chicago Housing Authority

2015 IL App (1st) 133788 · Appellate Court of Illinois · Mar 31, 2015

The trial court clearly was cognizant of defendants' claim of contributory negligence and we decline to ignore the presumption that the court knew the law. … Plaintiff responds that none of these points establish the proximate cause of Walker's fall.

People ex rel. Palmer v. State

296 Ill. App. 337 · Appellate Court of Illinois · Jun 29, 1938

deposit for the sole and exclusive benefit of policyholders, to the exclusion of the other creditors, of a depositing company; that subsequent amendments to this act over a period exceeding 68 years have not limited or qualified … Fidelity & Casualty Co., 153 Ill. 25 , while it concerns a foreign company doing business in Illinois, yet the interpretation by the court of the difference between the capital stock and the statutory deposits is clearly

People v. Doe

211 Ill. App. 3d 962 · Appellate Court of Illinois · Mar 28, 1991

The present case is clearly analogous to Laurent. The action brought against Helfrich was a separate, independent action from the ongoing John Doe grand jury investigation. … The definition of confidential communication in section 2 does not contain the qualifying language “necessary to enable him to professionally serve such patient.”

People v. King

2018 IL App (2d) 151112 · Appellate Court of Illinois · Jul 17, 2019

The admission of evidence is within the trial court’s sound discretion and will not be reversed unless that discretion was clearly abused. Snelson v. … Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.”

Sauro v. Leman

2024 IL App (4th) 220438-U · Appellate Court of Illinois · Jan 4, 2024

It believed “there was sufficient documentation that the dress code was well established and understood by all parties. … ¶ 61 Under the circumstances presented, plaintiff has failed to establish that the officer suit exception to the sovereign immunity doctrine applies to his claims.

Kell v. Deschauer

317 Ill. App. 96 · Appellate Court of Illinois · Dec 22, 1942

The first and second of these requisites being lacking here, it is obvious that the alleged gift cannot qualify as a gift causa mortis. It remains to be seen whether it was a completed gift inter vivos. T? … Thé words and acts relied upon as creating the trust must show clearly and unequivocally the intention of the donor to create a trust. (Trubey v. Pease, supra.) Mr. Schnaebele testified that Mr.

City of Chicago v. Fraternal Order of Police, Lodge No. 7

Appellate Court of Illinois · Mar 24, 2010

BACKGROUND In March 2006, the JISC was established as an operating entity to employ a multidisciplinary approach to processing juvenile arrestees. … App. 3d 337 (1993), to argue that this verbiage clearly indicates the arbitrator intended the award as a remedial measure and not punitive.

Theofanis v. Sarrafi

Appellate Court of Illinois · May 19, 2003

The appellate court held that the trust document qualified as a writing on which a claim was founded, but the other documents did not so qualify. … Sarrafi's notes here are evidence supporting his defense, but they do not qualify as documents upon which the defense is founded.

Gruwell v. Department of Financial & Professional Regulation

406 Ill. App. 3d 283 · Appellate Court of Illinois · Nov 30, 2010

Mixed questions of law and fact “are ‘questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is *** whether the rule of law as applied to the established facts is … The clearly erroneous standard is “ ‘significantly deferential.’ ” Provena Covenant Medical Center v.

Rabel v. Illinois Wesleyan University

161 Ill. App. 3d 348 · Appellate Court of Illinois · Sep 30, 1987

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. (Ogle v. … official fire vehicles, perform general firefighting duties, and qualify as a private detective. *** There was a time when college administrators and faculties assumed a role in loco parentis.

Chambliss v. Board of Fire & Police Commissioners

20 Ill. App. 3d 24 · Appellate Court of Illinois · Jun 6, 1974

It is well established that on administrative review the court does not re-weigh the evidence. … The total record clearly reflects that anyone involved in the charges was allowed to come forward and tell his story.

People v. Spencer

408 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 24, 2011

the appendix of his reply brief, asserts that the clerk of the circuit court maintained that the original copy of the first notice of the motion to reconsider showed a file-stamp of February 19, 2008, and affixed a new, clearly … We determine that the evidence presented at the suppression hearings does not establish that the impoundment of defendant’s vehicle was lawful.

People v. Pappas

66 Ill. App. 3d 360 · Appellate Court of Illinois · Oct 30, 1978

Ti Li An, a qualified medical doctor and pathologist who specialized in forensic pathology, testified that he performed an autopsy upon the body. … Clearly the record does not reflect the classical type of self-defense where deadly force is intentionally used against an aggressor.

In Re Marriage of Connors

303 Ill. App. 3d 219 · Appellate Court of Illinois · Feb 16, 1999

He further testified that, as of March 1998, one position was still unfilled because of a lack of qualified applicants. … As stated above, the burden was on James to establish why the award should be reduced. Logston, 103 Ill. 2d at 287 .

Cook Communications Ministries v. Department of Revenue

345 Ill. App. 3d 753 · Appellate Court of Illinois · Jan 8, 2004

The Department’s decision is not clearly erroneous and, indeed, is compelled by the case law. … At most, they tend to prove that plaintiff did not use its property “with a view to profit” (35 ILCS 200/15 — 40 (West 1998)), although, as we shall discuss, even that conclusion must be qualified.