Case law

Kelsay v. Motorola, Inc.

51 Ill. App. 3d 1016 · Appellate Court of Illinois · Aug 31, 1977

On the contrary, established case law in Illinois remained that an *1018 employee at will could be discharged without cause. … In such circumstance it is appropriate that liability be determined and made clear by the legislative act so that the employer may clearly understand both the rights and liabilities concerned.

In Re Marriage of Cohn

94 Ill. App. 3d 732 · Appellate Court of Illinois · Apr 20, 1981

which reserves matters of maintenance and property division for future court action was a final or interlocutory judgment, the supreme court determined that since the judgment reserved the other issues in controversy, it clearly … Justice Ward stated he also would affirm the appellate court’s dismissal of that appeal, but for the reason that the deferred issues were not separate “claims” within the meaning of Rule 304(a), nor did the appeal qualify

Kennedy Bros. v. Property Tax Appeal Board

158 Ill. App. 3d 154 · Appellate Court of Illinois · Jul 9, 1987

Plaintiff requested that the 1983 assessed valuation be established at $54,667, as previously requested, but that the assessed valuation in no event be established at greater than $209,176, a figure based on the appraiser … This is clearly not the issue here.

Buford v. Chicago Housing Authority

131 Ill. App. 3d 235 · Appellate Court of Illinois · Feb 11, 1985

An expert is properly qualified where: (1) his opinion relates to a science, profession, business, or occupation and is beyond the knowledge or experience of the average juror; (2) he has sufficient skill, knowledge or experience … CHA’s tort liability is grounded in the Local Governmental and Governmental Employees Tort Immunity Act (Act), section 3 — 102(a) of which provides that a public entity, such as CHA, has a duty to maintain its property in

Ivey v. Transunion Rental Screening Solutions, Inc.

186 N.E.3d 1076 · Appellate Court of Illinois · Oct 18, 2021

Id. at 192. ¶ 30 After argument, the trial court granted summary judgment for TURSS, stating: “The Milex case is clearly distinguishable to me. … The plaintiff’s expert established damages by analyzing the generic drug’s established market and actual sales.

Bocock v. Will County Sheriff

2018 IL App (3d) 170330 · Appellate Court of Illinois · Jul 9, 2018

Each case contains the following identical order dated February 2, 2017, apparently issued after the trial: “Matter for directed finding on all counts is granted for reasons established by court.” … “[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.” Marshall v.

People v. Spencer

119 Ill. App. 3d 971 · Appellate Court of Illinois · Nov 28, 1983

If that were the criteria of competency, many witnesses would not qualify, since anyone on the stand for several hours will be more tired when they finish than when they began. … Thus, she clearly had a greater capacity for communication.

Senno v. The Illinois Department of Healthcare and Family Services

2015 IL App (1st) 132837 · Appellate Court of Illinois · Dec 28, 2015

According to the statute, the ALJ conducting the hearing and investigation is a qualified representative of the Department. 305 ILCS 5/12-4.9 (West 2002). … Senno’s argument here, this is a mixed question of law and fact and therefore the clearly erroneous standard, rather than the manifest weight standard, applies. ¶ 42 The clearly erroneous standard of

People v. Kizer

Appellate Court of Illinois · Dec 26, 2000

Reddick , 123 Ill. 2d 184 (1988), did not qualify for retroactive application under the second exception. Flowers , 138 Ill. 2d at 242 . … But clearly Reddick and Apprendi deal with similar concerns, and concerns that, in our view, are of commensurate gravity.

Atkins v. City of Chicago Commission on Human Relations Ex Rel. Lawrence

281 Ill. App. 3d 1066 · Appellate Court of Illinois · Jun 21, 1996

The Commission found Lawrence established a prima facie case of discrimination. … MANIFEST WEIGHT OF THE EVIDENCE Atkins first contends there was no evidence presented to support a finding that Lawrence was qualified to rent the apartment.

People v. D.H.

381 Ill. App. 3d 737 · Appellate Court of Illinois · Mar 31, 2008

The court also found that A.R.’s comment as the victim ran away that they were “just playing” was “clearly indicative that they knew what they did was wrong.” … At the trial, a child psychiatrist deemed “eminently qualified” by the court, opined that the respondent was a socially inept 12-year-old whose motive in touching the victim was unclear.

Daily v. BOARD OF TRUSTEES, POLICE PENSION FUND OF SPRINGFIELD

251 Ill. App. 3d 119 · Appellate Court of Illinois · Sep 30, 1993

It further concluded under any interpretation of the evidence plaintiff failed to establish suspension or retirement was necessary, or any alleged mental disability resulted from any active duty. … In order to qualify for a duty-related pension, an applicant is also required to prove he was disabled as a result of an injury incurred in or resulting from the performance of an act of duty. (Ill. Rev. Stat. 1991, ch.

People v. Grant

Appellate Court of Illinois · Mar 24, 1998

Moreover, the record clearly shows that the State assumed the burden, where the prosecutor told the trial judge "I assume the burden." … Block's testimony, clearly showed that defendant was not a danger to himself or to others, nor was their testimony contradicted by the State. Dr.

People v. Rodgers

335 Ill. App. 3d 429 · Appellate Court of Illinois · Nov 19, 2002

Johnson and Sylvester did not think that Rodgers was so qualified. … He clearly wanted to inflict pain rather than kill. While his sodden brain certainly lacked any conscience, it still harbored the capacity to act consciously. Rodgers knew what he was doing. He knew that it was wrong.

People v. Bradshaw

2020 IL App (3d) 180027 · Appellate Court of Illinois · Dec 8, 2020

Although the prosecutor’s reasons need not rise to the level of a challenge for cause, an explanation that is not supported by the record does not qualify as a legitimate and trial-specific reason. … ¶ 38 Here, the trial court found that defendant had established a prima facie case of a Batson violation as to both Pickett and Washington.

Sanders v. City of Springfield

130 Ill. App. 3d 490 · Appellate Court of Illinois · Jan 30, 1985

Under the rational basis test, a legislative classification will be upheld unless it is clearly unreasonable. … The classification is presumed valid, and the burden is upon the party challenging the law to establish its constitutional invalidity. (Jaris v.

Gandy v. Kimbrough

406 Ill. App. 3d 867 · Appellate Court of Illinois · Dec 22, 2010

Price and Mitchell informed her that her credit was not sufficient to qualify for financing, but they could set up a surrogate buyer transaction to achieve her funding goal. … This vast disparity, especially factoring in the funds transferred to Ghafir by Gandy, strongly supports our finding that the transaction established an equitable mortgage.

Aardema v. Fitch

291 Ill. App. 3d 917 · Appellate Court of Illinois · Aug 22, 1997

No action will be dismissed on a motion pursuant to section 2—615 for failure to state a cause of action unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to relief … Further, precluding plaintiff from pursuing a contribution cause of action against defendants would lead to the inequitable result that defendants, although responsible for CRW’s failure to remit withheld taxes, are immune

People v. Houston

36 Ill. App. 3d 695 · Appellate Court of Illinois · Feb 27, 1976

Our conclusion is grounded on the well-established principle that “[i]n order to qualify as a person aggrieved by an unlawful search and seizure’ one must have been a victim of search or seizure, one against whom the search … The record before us clearly demonstrates that the trial court violated this principle. Consequently we vacate Houston’s sentence of eight to 24 years and remand the cause as to him so that he may be resentenced.

Witherell v. Weimer

148 Ill. App. 3d 32 · Appellate Court of Illinois · Jul 17, 1986

The holding in Wright is clearly distinguishable from the present case. … Laird was qualified to testify as to the pharmacological aspects of the present case. However, defendants point out that his testimony pertained to following the recommendations in the PDR.