Case law

In re H.B.-H

2025 IL App (1st) 242275 · Appellate Court of Illinois · Sep 30, 2025

H.B. was not cooperative with a physical exam and refused to change out of his “clearly soiled” shirt. Ms. … If his “ADOS score” confirmed the diagnosis of ASD, he would then be able to qualify for more services.

Snelson v. Kamm

Appellate Court of Illinois · Feb 28, 2001

Even assuming McCallum qualified as a medical expert, her vague assertions that failure to follow steps in the nursing process "increases the likelihood" of an unfavorable outcome was insufficient to establish proximate causation … Slip op. at 25 ("the trial court did not clearly abuse its discretion by granting a new trial on the issue of damages").

Bartlow v. Costigan

974 N.E.2d 937 · Appellate Court of Illinois · Aug 21, 2012

The party challenging the validity of a statute has the burden of clearly establishing a constitutional violation.” Id. … The statute clearly defines the persons subject to its regulation. 820 ILCS 185/5 (West 2010).

Illinois Tuberculosis Ass'n. v. SpringField Marine Bank

282 Ill. App. 14 · Appellate Court of Illinois · Oct 10, 1935

By the evidence introduced the defendant sought to establish its own freedom from negligence and an affirmative defense of estoppel, the evidence to establish which was inconsistent with the facts that the evidence of the … Holbrook qualified his statement by saying that he wanted to advise further with their attorney regarding the right of the bank to pay the plaintiff the money.

Gadsby v. Health Insurance Administration, Inc.

168 Ill. App. 3d 460 · Appellate Court of Illinois · Apr 22, 1988

The document clearly defines individuals eligible under the plan, and Gadsby is not within those covered. … Here, Gadsby had a copy of Gadsby’s medical insurance plan which clearly set forth the eligibility requirements, and he was not within such coverage.

People v. Van Winkle

5 Ill. App. 3d 240 · Appellate Court of Illinois · May 8, 1972

It is apparent that the Legislature intended to implement, at least in part, the requirements of section 32 — 2.5 through the enactment of section 32 — 2.6, quoted above, which established the manner in which such elections … Furthermore, it must be remembered that “repeals by implication are not favored, and it is only where two statutes are clearly repugnant to each other that the later one operates as a repeal of the former,” Klemme v.

People Ex Rel. Sherman v. Cryns

327 Ill. App. 3d 753 · Appellate Court of Illinois · Jan 28, 2002

We have viewed the videotape in the record, and it clearly portrays the birth of Spencer Verzi. … (West 1998)), i.e., that plaintiff failed to establish a prima facie case as a matter of law.

Maness v. Santa Fe Park Enterprises., Inc.

298 Ill. App. 3d 1014 · Appellate Court of Illinois · Aug 27, 1998

the racemeet for which this Pit Permit has been issued from all liability for personal injury or property damage whether arising from claims of negligence, gross negligence or any other cause, while preparing, practicing, qualifying … Count III was dismissed based upon the releases signed by Maness, which the court found to clearly absolve defendants from liability for negligent and grossly negligent acts.

St. Mary of Nazareth Hospital Center v. Curtis

163 Ill. App. 3d 566 · Appellate Court of Illinois · Nov 19, 1987

If a prima facie case is established, the plaintiff creates a rebuttable presumption that the employer unlawfully discriminated against him. … Second, to rebut the presumption, the employer must clearly articulate a legitimate, nondiscriminatory reason for its employment decision.

Professional Solutions Insurance Co. v. Karuparthy

232 N.E.3d 531 · Appellate Court of Illinois · May 30, 2023

¶ 101 The intentional torts asserted by Corelis are clearly not covered by the policy. … However, as the case currently stands, such matters cannot be established as a matter of law.

In Re Devon M.

344 Ill. App. 3d 503 · Appellate Court of Illinois · Nov 24, 2003

The Guardian responded that the evidence did not clearly and convincingly demonstrate paternity. The court held that the refusal to submit to paternity testing proved, clearly and convincingly, that Leslie P. was C.P.' … Thus, the petition in each case qualified as a complaint. See 735 ILCS 5/2-602 (West 2000); Kasper v. Frank, 9 Ill.App.3d 481, 483 , 292 N.E.2d 508 (1972).

In re Jaylynn C.

2025 IL App (5th) 250448-U · Appellate Court of Illinois · Sep 17, 2025

The children appeared happy in their foster care placement and were brought up to date on their medical exams and immunizations. … The children’s medical examinations and immunizations were current, and they appeared to be thriving in the foster home.

Benton v. Little League Baseball, Inc.

2020 IL App (1st) 190549 · Appellate Court of Illinois · Jun 30, 2020

Given that it is Little League’s burden to establish a lack of standing, it has demonstrably failed. … They also do not specify how count III, brought by the parents, qualifies as defamation per quod.

People v. Lane

319 Ill. App. 3d 162 · Appellate Court of Illinois · Feb 16, 2001

Testimony established that the dogs barked loudly upon the approach of a person to the home. … The sections amending the Criminal Code of 1961, the Code of Criminal Procedure of 1963, or the Unified Code of Corrections clearly relate to the criminal justice system.

In Re Detention of Allen

331 Ill. App. 3d 996 · Appellate Court of Illinois · Jun 25, 2002

If the person is indigent, the court is required to appoint a qualified and available expert or a professional person to perform an examination, and the county must pay the costs of the examination and participation in the … The party challenging a statute bears the burden of clearly establishing that it is unconstitutional. People v. DePalma, 256 Ill. App. 3d 206, 210 (1994).

City of Chicago v. Hutter

110 Ill. App. 2d 321 · Appellate Court of Illinois · May 19, 1969

This means of egress could hardly be said to comply with the ordinances or qualify as a safe means of egress. … The public benefit resulting from the enforcement of the ordinance in the instant case clearly outweighs any detriment or loss of income suffered by the defendants.

People v. Custer

2020 IL App (3d) 160202-B · Appellate Court of Illinois · Jun 2, 2020

That is, “the opposite conclusion is clearly evident.” People v. … As we recently reiterated, ‘matters of trial strategy are generally immune from claims of ineffective assistance of counsel.’ People v. Dupree, 2018 IL 122307, ¶ 44.

Greene v. Passavant Memorial Hospital Ass'n

2020 IL App (4th) 190718-U · Appellate Court of Illinois · Aug 3, 2020

Leutz acted in a willful or wanton manner causing physical harm and thereby excluding his actions from the qualified immunity under the Hospital Licensing Act (210 ILCS 85/10.2 (West 2010)). … Leutz’s immunity under the Illinois Hospital Licensing Act.

City of Park Ridge v. Clarendon American Insurance Co.

2017 IL App (1st) 170453 · Appellate Court of Illinois · Oct 31, 2017

Act (Tort Immunity Act) (745 ILCS 10/6-105, 6-106(a) (West 2004)) and remanded the case for further proceedings. … At trial, Park Ridge was ensnared by its earlier defense that it was entitled to immunity under the Tort Immunity Act (745 ILCS 10/6- 105, 6-106 (West 2004)) because it had “provided no medical care of any kind, including

Austin v. City of East Moline Board of Fire & Police Commissioners

7 Ill. App. 3d 537 · Appellate Court of Illinois · Sep 27, 1972

Further the appellant attempts to establish various motives which would tend to show that Officer Grafton rather than the appellant was guilty of the charge. … However, evidence clearly places the appellant at the scene of the alleged theft, established that the rifle was missing, further showed that an Officer Thiron was ordered from the office where the rifle was located, that