Case law
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Appellate Court of Illinois · Jun 30, 2005
A plaintiff can establish a cause of action for strict products liability based on a defective design in either of two ways. Lamkin v. Towner , 138 Ill. 2d 510, 529 (1990). … Clearly, at times, efficient kitchen operation would require keeping a top off of the fryer. Defendant draws analogy to a sharp kitchen knife that might be on a table.
Cited 0 timesPublished313 Ill. App. 3d 301 · Appellate Court of Illinois · May 15, 2000
The grandparents argue that these factors establish that it is in C.D.’s best interests to be placed with them and not the foster parents. … The consent to adopt in favor of Bonnie does not qualify under section (c). Therefore, the circuit court did not err when it found Tina D.’s consent to adopt invalid. III.
Cited 1 timesPublished200 Ill. App. 3d 268 · Appellate Court of Illinois · Jul 26, 1990
In this case, other comments were improper, but none were clearly prejudicial. … Defendant’s contention that Officer Barnacle was not qualified to testify to this evidence is also not persuasive. In People v. Hester ( 88 Ill.
Cited 21 timesPublishedAdams v. American International Group, Inc.
Appellate Court of Illinois · Apr 11, 2003
Thus, because the release does not create the debtor/creditor relationship, it does not qualify as an instrument of writing under section 2 of the Interest Act. … The unjust enrichment claim clearly arises out of the settlement agreement that governs the payment of the settlement proceeds.
Cited 0 timesPublishedWorld 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
Cited 19 timesPublishedInternational 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.
Cited 6 timesPublishedDinerstein v. Evanston Athletic Clubs, Inc.
2016 IL App (1st) 153388 · Appellate Court of Illinois · Dec 9, 2016
action; (4) the judgment in the first action was plainly inconsistent with the equitable implementation of a statutory scheme; (5) the case involves a continuing or recurrent wrong; or (6) it is clearly … We will thus consider whether plaintiffs have established, or raised a genuine issue of fact as to whether they established, an “agreement in terms or effect” to the refiling of their claims.
Cited 12 timesPublished2011 IL App (1st) 93085 · Appellate Court of Illinois · Jul 21, 2011
Polymyositis is a disease that occurs when the immune system begins to attack the muscle fibers and causes inflammation of the muscles. … Immunosuppressive drugs suppress the immune system.
Cited 0 timesPublished2015 IL App (1st) 150544 · Appellate Court of Illinois · Jun 9, 2015
Daly’s counsel argued that the evidence in the record, the county clerk’s certified computer review log, established that petitioner had not personally searched the registration records of the clerk’s office … , it was now the Board’s duty to order the county clerk to determine whether his stated objections were correct and, if so, determine whether sufficient signatures remained. ¶ 31 Chairman Zuccarelli clearly
Cited 7 timesPublished2015 IL App (1st) 133404 · Appellate Court of Illinois · Feb 19, 2016
As such, the defendant may satisfy his duty simply by reporting–and the evidence clearly established that the defendant’s actions were sufficient to satisfy the reporting requirement. … The defendant’s qualifying convictions were indecent liberties with a child and aggravated criminal sexual assault. 4 “Fixed residence” is defined as “any and all places that a sex offender
Cited 12 timesPublished2011 IL App (1st) 102765 · Appellate Court of Illinois · Sep 22, 2011
App. 3d at 966. “ ‘One of the purposes of a corporate entity is to immunize the corporate officer from individual liability on contracts entered into in the corporation’s behalf.’ ” People ex rel. … App. 3d at 68 (independent contractors could not establish a managing member’s personal liability for debts that the LLC incurred after its dissolution without showing that a provision establishing the managing
Cited 13 timesPublished95 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.
Cited 18 timesPublished2018 IL App (2d) 180170 · Appellate Court of Illinois · Jun 28, 2019
App. 3d 567, 572-73 (1980) (observing that school officials are employees of the State)—and directs us to section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS … Slater, 228 Ill. 2d 137, 150 (2008). ¶ 42 Turning to the evidence before us, the record establishes that, on April 6, 2017, respondent was a 16-year-old high-school student.
Cited 50 timesPublishedMalawy v. Richards Manufacturing Co.
150 Ill. App. 3d 549 · Appellate Court of Illinois · Dec 9, 1986
For example, when the seller delivers a red table instead of the green table required by the contract there is clearly a breach of warranty. … William Simmons were not qualified to render expert opinions as to the integrity of the instant bone plate.
Cited 48 timesPublishedKraus v. Board of Trustees of Police Pension Fund
72 Ill. App. 3d 833 · Appellate Court of Illinois · May 22, 1979
Clearly, section 5 of article XIII must mean something more. … Board of Trustees (1952), which established what was known as a “vested non-contractual right.”
Cited 54 timesPublishedDollison v. Chicago, Rock Island & Pacific Railroad
42 Ill. App. 3d 267 · Appellate Court of Illinois · Sep 7, 1976
The Rock Island’s first contention on appeal is that the trial court erred in both rulings for two reasons: (1) the evidence presented is insufficient to establish Rock Island’s negligence, or to establish that a defective … Verdicts are not considered against the manifest weight of the evidence unless an opposite conclusion is clearly evident or the finding of the jury is palpably erroneous. (Haas v. Woodard, 61 Ill.
Cited 14 timesPublished2025 IL App (4th) 241121 · Appellate Court of Illinois · Sep 2, 2025
the plaintiffs pleaded sufficient facts to establish their causes of action. … to any clearly ascertainable interest.
Cited 0 timesPublished236 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.
Cited 10 timesPublished204 Ill. App. 3d 596 · Appellate Court of Illinois · Oct 11, 1990
We are aware of no reported case holding a defendant obtaining a judgment in his or her favor in regard to a charge made under the Act qualifies to seek attorney fees from the party bringing the action, but such a defendant … is clearly a “prevailing party” by any reasonable interpretation of that phrase.
Abrogated on other grounds by Krautsack v. Anderson, 223 Ill. 2d 541 (2006)Cited 31 timesPublishedAppellate Court of Illinois · May 21, 2004
We reject the Diocese's attempt to conjure a right to secrecy, and with it immunity from the State's subpoena power, simply by pointing to the veil it has cast over itself. … The inclusion of "such" is a reincorporation of the preceding definition of "professional character" and "spiritual advisor," which as we have noted, is qualified by the phrase "in the course of the discipline enjoined by
Cited 0 timesPublished
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