Case law

Centerpoint Properties Trust v. Olde Prairie Block Owner, LLC

398 Ill. App. 3d 388 · Appellate Court of Illinois · Feb 10, 2010

In Home Life, the defendant argued, as OPEO does here, that there was good cause for not appointing a receiver because there was no more qualified manager for the property than the current manager and negotiations with prospective … That is clearly not the standard under the Act, where there is a presumption in favor a mortgagee’s right to possession of nonresidential property during a mortgage foreclosure proceeding.

Griffin v. Subram

238 Ill. App. 3d 712 · Appellate Court of Illinois · Nov 24, 1992

The exhibit was clearly a “paper read *** in evidence” and, consequently he suggests, it was within the circuit court’s discretion to permit the exhibit to go to the jury room during deliberations. … It is also improper for a party, during examination of an adverse witness, to endeavor to elicit evidence which goes to establish his own case. (Suich v. H. & B. Printing Machinery, Inc. (1989), 185 Ill.

Estate of Young v. Department of Revenue

316 Ill. App. 3d 366 · Appellate Court of Illinois · Aug 1, 2000

They argue that the Department’s finding that their failure to pay Power Lift’s taxes was wilful was clearly erroneous. … Once the prima facie case has been established, the burden rests on the taxpayer to establish through sufficient evidence that the nonpayment was not wilful. Branson, 168 Ill. 2d at 261-62 , 659 N.E.2d at 968 .

People v. Bailey

317 Ill. App. 3d 1072 · Appellate Court of Illinois · Dec 6, 2000

true” of individuals who qualify as sexually violent persons. … Although such evidence is not automatically admissible, it is admissible if the State requires such evidence to establish its burden of proof. People v. Cole, 29 Ill. 2d 501, 504-05 , 194 N.E.2d 269 (1963).

People v. Unzueta

2017 IL App (1st) 131306-B · Appellate Court of Illinois · May 12, 2017

Given these facts, defendant has not established the prejudice required under Strickland.” … conclude that in either instance, the trial court’s admonishments were sufficient to cure any prejudice defendant suffered. 5 The appellate court held the defendant’s conviction did not qualify

Komarec v. Illinois Department of Labor

144 Ill. App. 3d 1105 · Appellate Court of Illinois · Jun 26, 1986

Department of Labor (Department), appeal from an order of the circuit court of Winnebago County, entered in an administrative review proceeding, which reversed the Board’s determination that plaintiff, Theo Komarec, was not qualified … A finding is against the manifest weight of the evidence if an opposite conclusion is clearly evident. (Doran v. Department of Labor (1983), 116 Ill. App. 3d 471, 474 ; Meyers v.

Efremidis v. Industrial Commission

308 Ill. App. 3d 415 · Appellate Court of Illinois · Oct 18, 1999

For a “ ‘finding to be contrary to the manifest weight of the evidence, an opposite conclusion must be clearly apparent’ ” (Drogos v. Village of Bensenville, 100 Ill. … Fintel was not qualified to render an opinion that decedent’s work activities as described by Rosales could not be a causative factor in his death; the Commission believed it must give more credence to Dr.

Copley Press, Inc. v. Administrative Office of Courts

271 Ill. App. 3d 548 · Appellate Court of Illinois · Mar 24, 1995

The record shows that in 1986 the circuit court of Lake County established an electronic monitoring system program (EMS program). … Since the establishment of the EMS program, one option available to the court is the release of a pretrial detainee from jail to supervision by the EMS program.

People v. Johnson

134 Ill. App. 3d 365 · Appellate Court of Illinois · Jun 28, 1985

The parents were ordered to establish and maintain regular visitation and cooperate with the guardian. … Respondent contends that since the court had not been asked to take notice of any studies, and did not provide any information regarding those referred to, the studies did not qualify for judicial notice, and the court abused

Singh v. Air Illinois, Inc.

165 Ill. App. 3d 923 · Appellate Court of Illinois · Jan 11, 1988

Rule 220(b), however, merely allows a trial court to establish a disclosure schedule if an expert witness is not oth-. erwise disclosed. Here, Dr. … McDonnell Douglas Corp. (7th Cir. 1986), 803 F.2d 304 , that decision is of no precedential value here where our supreme court has clearly decided the issue.

People v. Townsel

427 Ill. Dec. 437 · Appellate Court of Illinois · Oct 9, 2018

¶8 Clearly, the complaint “charged” defendant with a felony. … Thus, defendant was clearly charged with a felony, regardless of the formal requisites for filing a felony charge.

Weiland v. Telectronics Pacing Systems, Inc.

Appellate Court of Illinois · Dec 11, 1998

Like Justice Stevens, I do not believe that Congress “clearly signaled its intent to deprive States of any role in protecting consumers from the dangers inherent in many medical devices.” … Because these state requirements are clearly of "general applicability," and not "specifically developed 'with respect to' medical devices," they do not fall within the purview of section 360k.

Robinson v. City of Chicago

2025 IL App (1st) 232174 · Appellate Court of Illinois · Mar 24, 2025

It may always be the case that additional areas of the City can be identified that qualify for this designation but either have not yet or will never receive it for one reason or another. … We agree that this deposition testimony, along with the city council’s reasons as set forth in the ordinance itself, clearly demonstrates that a reasonable relationship exists between the City’s designation

Doe v. TK Behavioral, LLC

2026 IL App (1st) 251028 · Appellate Court of Illinois · Mar 18, 2026

¶ 17 Defendants agree that Hampton’s alleged acts of sexual abuse and assault qualify as gender-related violence under section 5. … In effect, defendants’ construction completely nullifies section 11 by immunizing employers for all of their employees’ gender-related violence, rendering the Act functionally meaningless.

In Re Marriage of Schinelli

406 Ill. App. 3d 991 · Appellate Court of Illinois · Jan 12, 2011

I do think that clearly he did transfer money into the account. I saw that. When his income went up to the $200,000, it didn’t appear that his deposits into this account went up. … The evidence established that as of March 31, 2009, the Wachovia 401(k) account had a value of $179,830.

Belmont Fire Protection District v. Village of Downers Grove

92 Ill. App. 3d 682 · Appellate Court of Illinois · Jan 14, 1981

Recognizing that the present case does not fall within the traditional definitions of contiguity, the village argues that noncontiguity is not established by the mere absence of physical touching, relying on People ex rel … The village’s reliance on the above cases is misplaced, since those cases are clearly distinguishable from the case at hand.

Gonzalzles v. American Express Credit Corp.

315 Ill. App. 3d 199 · Appellate Court of Illinois · Jun 28, 2000

A cause of action will not be dismissed on the pleadings unless it clearly appears that the plaintiff cannot prove any set of facts that will entitle it to relief. Vernon, 179 Ill. 2d at 344 . … When the relationship between the parties is not one that gives rise to a fiduciary relationship as a matter of law, the party asserting the existence of the relationship has the burden of establishing such by clear and convincing

Lakewood Nursing & Rehabilitation Center, LLC v. The Department of Public Health

2015 IL App (3d) 140899 · Appellate Court of Illinois · Dec 18, 2015

“[T]he public nature criterion is only satisfied when it has been clearly established that the issue is of ‘sufficient breadth, or has a significant effect on the public as a whole.’ ” In re Marriage of Eckersall … We have previously held that questions of statutory compliance qualify as matters of a public nature.

Farwell Construction Co. v. Ticktin

84 Ill. App. 3d 791 · Appellate Court of Illinois · Mar 7, 1980

We disagree, as we believe that our construction clearly gives effect to both paragraphs. … While a contract for the sale of realty qualifies as an “instrument of writing” under the statute (Vandercook v. Mayer (1938), 297 Ill.

Johnson v. Matrix Financial Services Corp.

Appellate Court of Illinois · Dec 9, 2004

Each part shall also clearly show the points or grounds relied upon under the Section upon which it is based." 735 ILCS 5/2-619.1 (West 2002). … While this "unreasonableness" determination may indeed be "fact intensive," plaintiffs still must allege sufficient facts to establish each element under RESPA's antikickback provision.