Case law

Maplewood Care, Inc. v. Arnold

991 N.E.2d 1 · Appellate Court of Illinois · May 9, 2013

standard. ¶ 29 The required showing to establish each type of violation is set forth in the Code. … Qualified facility staff testified that the case plan prepared for R3 in November, 2008 included his known criminal history and an internal risk assessment, which assessed R3 as a ‘moderate’ risk.

Doe v. Department of Children & Family Services

265 Ill. App. 3d 907 · Appellate Court of Illinois · Aug 23, 1994

This allegation of harm also includes incidents of violence or intimidation directed toward the child which have not yet resulted in injury or impairment but which clearly threaten such injury or impairment.” 89 111. … App. 3d 132, 138 , 465 N.E.2d 589 . •2 In the present case, DCFS was statutorily authorized to establish administrative regulations in order to implement the legislative mandate of ANGRA.

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.

U.S. Bank National Ass'n v. Manzo

2011 IL App (1st) 103115 · Appellate Court of Illinois · Nov 10, 2011

Even when construing these letters in the light most favorable to the Manzos, their repeated use of the conditional language establishes that they were referring merely to the possibility of rescission, and … They inserted the qualifying language–it was not imposed upon them.

Murphy v. Murphy

31 Ill. App. 3d 321 · Appellate Court of Illinois · Aug 8, 1975

In Mary McCarty’s opinion, she is a fit and proper person and is qualified to have the care and custody of the children. … Defendant is qualified to have the care and custody of the children. Mrs. Moutry testified that she has seen defendant take care of the children, do the cooking and that defendant did a good job.

People v. Hayes

466 Ill. Dec. 500 · Appellate Court of Illinois · Oct 6, 2022

Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” (Internal quotation marks omitted.) People v. … Prejudice ¶ 60 Here, defendant’s claim of ineffective assistance of counsel fails because he clearly was not prejudiced by trial counsel’s defense strategy.

City of Chicago v. Southern Surety Co.

239 Ill. App. 628 · Appellate Court of Illinois · Mar 2, 1926

Neither the city clerk, nor any other public officer, should appoint men to subordinate positions in his office, unless they are qualified to perform the duties of such positions. … This case is clearly distinguishable from Reum v. Rutherford (Sask.), 37 D. L. R. 715, and Great Northern Ins. Co. v. Young (Alberta), 32 D. L. R. 238, cited by the defendant.

Glynn v. Glynn

139 Ill. App. 185 · Appellate Court of Illinois · Mar 9, 1908

However, her right to relief must rest in facts sufficiently convincing to overcome the laches thus clearly imputable to her. … The allowance in this case being without any support in the record, cannot, under the "well established rule, be sustained.” In Hunter v. Hunter, 121 Ill.

Brooks v. Lundeen

49 Ill. App. 3d 1 · Appellate Court of Illinois · May 26, 1977

Defendants contend first that no evidence of negligence was shown in the establishment of the roadblock or in their positioning of Brooks’ car near it. … The witnesses were each qualified to testify as they did and stated generally that weather conditions, type of road, visibility, conflicting traffic, the nature of the violation and the safety of citizens were among the considerations

People v. Tucker

99 Ill. App. 3d 606 · Appellate Court of Illinois · Aug 20, 1981

The doctor could only establish that the defendant may have had such a mental disorder so that he could not conform his conduct to the law. … The defense was that the defendant was suffering from an acute brain syndrome or cocaine intoxication at the time of the offense and this was explained by a qualified expert witness.

People v. Douglas

296 Ill. App. 3d 192 · Appellate Court of Illinois · May 4, 1998

Clearly, the legislature could not have intended such an absurd result. … What is the range of possible penalties for which the defendant is qualified by reason of the offense and his prior record; your understanding, [prosecutor]?

Krasinski v. United Parcel Service, Inc.

155 Ill. App. 3d 831 · Appellate Court of Illinois · May 21, 1987

The trial court denied the motion on February 7, 1984, finding that while a qualified privilege was afforded to the defendants, there was a genuine question of fact as to whether the statements were made with actual malice … The agreement required “just cause” for discharge and established a four-step grievance procedure. Neither Gonzalez nor Repyak filed grievances.

People ex rel. Michajlowski v. Tanaschuk

317 Ill. App. 130 · Appellate Court of Illinois · Dec 31, 1942

But in an organized church, with written or printed rules, and established doctrines and mode of worship, the right is qualified. … If such decisions can be found, unless they are clearly and manifestly repugnant to the established laws of the denomination, they are binding and conclusive upon the civil courts, and must be followed in the determination

People v. Hammond

48 Ill. App. 3d 707 · Appellate Court of Illinois · May 10, 1977

MORAN, J., dissenting: The majority relies on the established rule of waiver in the filing of post-trial motions. … The statute clearly has a substantial effect on the defendant’s right to appeal.

People v. Taylor

Appellate Court of Illinois · Jun 14, 2005

Cir. 1923), and that the State had failed to meet its burden of establishing that the evidence satisfied these requirements. Taylor , 335 Ill. App. 3d at 977-80 . … The party challenging a statute bears the burden of clearly establishing its unconstitutionality. Allen , 331 Ill. App. 3d at 1003 , citing People v. DePalma , 256 Ill. App. 3d 206, 210 (1994). Our review is de novo .

Underwood v. City of Chicago

2020 IL App (1st) 182180 · Appellate Court of Illinois · Jun 30, 2020

Nothing in these authorities, however, persuades us that we have the power, under Rule 366 or otherwise, to disregard a circuit court’s clearly articulated decision to deny a request for interlocutory review or to otherwise … The court determined that although the 1989, 1997, and 2003 amendments to the Pension Code provided only temporary benefits that had expired, plaintiffs had “clearly state[d] a cause of action for declaratory relief as

Solai & Cameron v. Plainfield Community Consolidated School District No. 202

Appellate Court of Illinois · Jul 10, 2007

On July 18, 2002, PHS allowed qualified representatives of Hartford to inspect the school project sites to determine the status of both projects. … Mill Creek Country Club, Inc., 196 Ill. 2d 302, 313 (2001), set forth the elements for establishing equitable estoppel: “To establish equitable estoppel, the party claiming estoppel must demonstrate

Robles v. Chicago Transit Authority

235 Ill. App. 3d 121 · Appellate Court of Illinois · Sep 1, 1992

Clearly, in light of the high degree of care owed by the CTA to its passengers when they are exiting its buses (Crutchfield v. Yellow Cab Co. (1989), 189 Ill. … To the contrary, we believe that such a remedy must be clearly and specifically provided for by the legislature.” (Johnson, 173 Ill. App. 3d at 567 .) We agree.

People v. Deloney

341 Ill. App. 3d 621 · Appellate Court of Illinois · Jun 30, 2003

In addition, we note that even if the letter could qualify as “new,” it is not of such a conclusive nature that it would likely change the outcome at trial and it would only bear on the sufficiency of the evidence. … Decisions on what evidence to present and which witnesses to call on a defendant’s behalf rest with trial counsel and, as matters of trial strategy, are generally immune from claims of ineffective assistance of counsel.

The Department of Central Management Services v. The Illinois Labor Relations Board

2015 IL App (4th) 131022 · Appellate Court of Illinois · Apr 9, 2015

Our supreme court has defined the clearly erroneous standard as follows: "An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety … Moreover, on appeal, petitioners have failed to establish any issues of fact exist that would warrant an evidentiary hearing. This case involves a question that is purely one of law.