Case law

People v. Place

238 Ill. App. 3d 1035 · Appellate Court of Illinois · Dec 17, 1992

The evidence adduced at trial established that on October 8, 1990, defendant was at the Black Lantern Tavern located in Barry. … Clearly, fear of an adverse finding is not a reasonable ground for refusing to submit to an examination. This possibility exists in every case where the prosecution invokes the provisions of section 115—6 of the Code.

Frisch Contracting Service Corp. v. Northern Illinois Gas Co.

93 Ill. App. 3d 799 · Appellate Court of Illinois · Feb 26, 1981

The verdict for Smith Construction Company was directed at the close of plaintiff’s case, on the trial court’s finding that plaintiff established negligence, but failed to establish proximate cause. … In this case, the issue of damages was disputed by competent evidence and was clearly a jury question.

People v. Albitar

374 Ill. App. 3d 718 · Appellate Court of Illinois · Jun 29, 2007

Accordingly, consistent with Montaigne, we hold that the bond forfeiture judgment on appeal before us qualifies as a final and appealable order over which we have jurisdiction. … While the appearance bond clearly is not to be used as punishment for the underlying offense of jumping bail, the Government does have a legitimate interest in enforcing its rights under the bond in order to deter such conduct

Christian Assembly Rios De Agua Viva v. City of Burbank

408 Ill. App. 3d 764 · Appellate Court of Illinois · Mar 31, 2011

ANALYSIS To establish entitlement to preliminary injunctive relief, a plaintiff must show (1) a clearly ascertainable right in need of protection, (2) that he will suffer irreparable harm without protection of that right, … But that doesn’t mean that it acquired an immunity from all zoning regulation.

International Harvester Co. v. Bowling

72 Ill. App. 3d 910 · Appellate Court of Illinois · Jun 11, 1979

Bowling’s “interest” in the instant case is clearly disclosed by the record before this court. During the nationwide strike of plaintiff’s plants, Mr. Bowling was the president of UAW Local 1309. … The Illinois Supreme Court has firmly established that judicial or quasi-judicial determinations may not be rendered by individuals with a personal interest in the ruling to be made.

People v. Walker

2012 IL App (1st) 83655 · Appellate Court of Illinois · Jun 12, 2012

In each case, the defendant clearly exhibited mental deficiencies due to extremely low IQ scores. … The trial court observed the witnesses and the demeanor of Walker during the proceedings, and clearly found ASA Murphy credible.

World Painting Company v. Costigan

2012 IL App (4th) 110869 · Appellate Court of Illinois · Mar 29, 2012

A preliminary injunction is warranted if (1) a clearly ascertained right requires protection, (2) irreparable injury will result in the absence of an injunction, (3) no adequate remedy at law is available, and … A contractor’s failure to classify qualifying individuals as employees violates the Act. 820 ILCS 185/20 (West 2008). ¶ 18 The Department is charged with investigating possible violations of the Act. 820 ILCS

People v. Sims

Appellate Court of Illinois · Jun 8, 2007

Messer is a world-renowned cardiologist and thus far better qualified. … Messer relied on the hospital’s sedation protocol and that, therefore, defense counsel clearly intended to elicit this information at trial. Dr.

In Re Marriage of Melnick

127 Ill. App. 3d 102 · Appellate Court of Illinois · Aug 28, 1984

Friedman and Victor Neumark, two matrimonial lawyers, testified that Auerbach is “highly qualified” in the field of matrimonial law. Neumark characterized Auerbach’s fees as “reasonable.” … The allowance of attorney fees in a dissolution proceeding rests within the sound discretion of the trial court, and that discretion will not be disturbed unless it is clearly abused.

Ross v. Cortes

95 Ill. App. 3d 772 · Appellate Court of Illinois · May 4, 1981

The Supreme Court also pointed out that a decrease in the amount of damages (by remittitur) was the established rule of the common law but that an increase of the amount of damages (additur) was not established practice or … The distinction was clearly pointed out by this court (Hong, 6 Ill.

Simich v. Edgewater Beach Apartments Corp.

Appellate Court of Illinois · Oct 26, 2006

Second, they argue that the testimony of Manalo established an indisputable agency relationship. … Furthermore, plaintiff’s 25 1-05-2098 argument that this evidence was necessary to show the hazard posed by the hose is hollow as that was clearly established by the testimony

In re the Commitment of Wyatt

2026 IL App (3d) 250332-U · Appellate Court of Illinois · Jun 5, 2026

It concluded that Arroyo could not clearly explain why he used the VRS-SO instrument that he began using the year prior. … We must therefore review the State’s evidence to determine whether a sufficient basis was established in this case.

Pratt-Holdampf v. Trinity Medical Center

Appellate Court of Illinois · May 12, 2003

App. 3d 543 , 481 N.E.2d 25 (1985), establishes an express exception to the nullity rule. … He advised her: (1) to locate a qualified doctor, who could prepare the requisite report to support a malpractice complaint, and (2) to sign and file the complaint.

People v. Majors

Appellate Court of Illinois · Nov 23, 1999

Therefore, defendant has failed to establish the prejudice prong under Strickland and his ineffec­ tive assistance of counsel claim must fail. B. … However, an involuntary manslaughter instruc­tion should not be given where the evidence clearly shows that the homicide was murder. People v. Foster , 119 Ill. 2d 69, 87 , 518 N.E.2d 82, 89 (1987).

Cook Communications Ministries v. Department of Revenue

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.

Gurba v. Community High School District No. 155

2014 IL App (2d) 140098 · Appellate Court of Illinois · Oct 22, 2014

In McLorn, the area of interest was sovereign immunity, which the constitution committed to the legislature. … Further, the test clearly supports the Board’s position and, standing alone, is persuasive.

People v. Abel

468 Ill. Dec. 38 · Appellate Court of Illinois · Feb 22, 2022

to his case would not be able to give him an independent examination because the psychiatrist was an employee of the State and would therefore comply with the Department of Corrections’ desire to find respondent still qualified … “Instead of reversing the appellate court’s ruling, Trainor twice quite clearly stated that a trial court is not required to provide an independent psychiatrist during recovery proceedings under the[Act].”

County of Lake v. Zenko

174 Ill. App. 3d 54 · Appellate Court of Illinois · Aug 30, 1988

as appellee argued that the word “and” in the concluding phrase of the definition should be construed as a disjunctive conjunction, i.e., “or the like commonly called junk,” thus effectively separating the definition’s qualifying … It was clearly within the authority within the legislative body to define this term, and its definition was not unreasonable.

People v. Labosette

236 Ill. App. 3d 846 · Appellate Court of Illinois · Nov 5, 1992

Clearly, no first amendment rights are involved here. … The evidence clearly established defendant committed the murder pursuant to a preconceived plan and we find this section was not arbitrarily or capriciously applied to defendant. In Harich v.

Hunter v. Sukkar

111 Ill. App. 3d 169 · Appellate Court of Illinois · Dec 15, 1982

The evidence at trial established that Dr. Becker was a medical expert testifying at the behest of plaintiff and received compensation for that testimony. … These remarks which plaintiff objects to for the first time on appeal were clearly improper. Counsel went beyond merely noting Dr.