Case law

In Re Marriage of Hochleutner

260 Ill. App. 3d 684 · Appellate Court of Illinois · Apr 26, 1994

While we have found no recent case with similar facts, we resolve this appeal on the basis of well-established principles. … Petitioner’s argument that the award is unsupported by the evidence is clearly untenable as our detailed recitation of the facts has shown.

Peet v. Dolese & Shepard Co.

41 Ill. App. 2d 358 · Appellate Court of Illinois · May 23, 1963

The defendant’s theory is that the plaintiffs failed to establish that the acts of the defendant caused the alleged damage and that the judgment is against the manifest weight of the evidence. … I would qualify my answer, and I don’t know the size of the blast, what it was at the time, but if there was an overcharge of an enormous amount of dynamite, it could or can react in the air as well as the ground.”

Dickens v. Avanti Research & Development, Inc.

161 Ill. App. 3d 565 · Appellate Court of Illinois · Sep 18, 1987

Clearly any warning to avoid hitting the power lines would have been superfluous. … The burden is on appellant to bring to the appellate court a record which will establish reversible error. (In re Estate of Medina (1968), 95 Ill. App. 2d 483 , 238 N.E.2d 185 .)

Martin v. Layman

2025 IL App (4th) 240278 · Appellate Court of Illinois · Nov 19, 2025

Plaintiff argued that Layman owed a duty of ordinary medical care to Rhonda and was not protected by statutory immunity. … Rather, the case law clearly establishes that the factors plaintiff relies on as evidence of control are insufficient to negate their independent contractor status, and SAH is entitled to summary judgment on the

People v. Madison

334 Ill. App. 3d 680 · Appellate Court of Illinois · Oct 11, 2002

The supreme court reversed Chandler’s conviction, noting: “Although defense counsel was faced with a difficult case, his performance was clearly deficient. … (West 1998)), nonetheless constituted a crime that qualified a person for commitment as a sexually violent person. In re Detention of Lieberman, 201 Ill. 2d at 312-14 .

Reilly Ex Rel. Reilly v. Wyeth

377 Ill. App. 3d 20 · Appellate Court of Illinois · Sep 28, 2007

We next consider plaintiffs’ contention that the Vaccine Act requires that Christopher be “qualified” to file a petition in the Court of Federal Claims (42 U.S.C. §300aa—11(a)(9) (2000)) and that he is not “qualified” because … Based on the plain language of the statute, taking these sections together, the court in Dickey held that “this language clearly and unambiguously prohibits both an action and a remedy in state or federal court unless there

People v. Guzik

187 Ill. Dec. 601 · Appellate Court of Illinois · Aug 9, 1993

Additionally, the State suggested that respondent be required to establish our appellate jurisdiction because she had filed what appeared to be a premature notice of appeal from the October 25 order. … In the instant case, the trial court’s order clearly reserved issues for further consideration and stated that it would enter a “final order” of commitment on November 22, 1991.

Shaw v. American Bar Ass'n

63 Ill. App. 3d 219 · Appellate Court of Illinois · Aug 8, 1978

This, of course, raises the ‘state action’ discrimination problem illustrated so clearly by Burton v. Wilmington Parking Authority, 365 U.S. 715 , 81 S. Ct. 856 , 6 L. Ed. 2d 45 (1961), and Moose Lodge No. 107 v. … We find the facts here to fit the profile established by Moose Lodge rather than Wilmington Parking Authority.

People v. Coleman

301 Ill. App. 3d 37 · Appellate Court of Illinois · Nov 10, 1998

A reviewing court will not reverse the determination of the fact finder unless it is clearly against the manifest weight of the evidence. Hill, 169 Ill. App. 3d at 911 , 524 N.E.2d at 611 . … Although a chemist need only test random samples in order to be qualified to render an opinion as to the makeup of the entire substance before him (Kaludis, 146 Ill.

AYH Holdings, Inc. v. Avreco, Inc.

357 Ill. App. 3d 17 · Appellate Court of Illinois · Mar 31, 2005

First, Gremesco clearly was an agent of AYH’s and had authority to appoint a subagent. … Section 2 — 2201(b) immunizes an insurance broker from claims based on breach of fiduciary duty.

Guns Save Life, Inc. v. Kelly

2025 IL App (4th) 230662 · Appellate Court of Illinois · Apr 29, 2025

The absolute language of both amendments could be qualified by historical evidence. … To do so here would be to give specific, clearly defined language a completely different and expanded meaning. ¶ 168 Clearly, then, footnote nine is limited to public carry laws.

In Re Estate of Dickens

161 Ill. App. 3d 565 · Appellate Court of Illinois · Sep 18, 1987

Clearly any warning to avoid hitting the power lines would have been superfluous. … The burden is on appellant to bring to the appellate court a record which will establish reversible error. ( In re Estate of Medina (1968), 95 Ill. App.2d 483 , 238 N.E.2d 185 .)

American National Bank & Trust Co. v. Illinois Improvement & Building Corp.

281 Ill. App. 17 · Appellate Court of Illinois · Jun 26, 1935

obstruct the litigation, except as qualified in the foregoing, they must do so by an original action.” … There it is the well-settled doctrine — too well established to need elaboration — that the trustee in the mortgage or trust deed, or other instrument creating a trust estate, speaks and acts for the cestuis que trust, and

People v. Madden

57 Ill. App. 3d 107 · Appellate Court of Illinois · Jan 9, 1978

Defendant does not contend that the evidence failed to establish his guilt beyond a reasonable doubt. … In establishing a sufficient chain of possession, the prosecution is not required to exclude all possibility of tampering.

In Re Marriage of Durante

201 Ill. App. 3d 376 · Appellate Court of Illinois · Jun 29, 1990

Rothbardt is inapposite to the instant case, however, because there the record clearly showed that the wife was not self-sufficient and required maintenance until she could practice law and earn income. … Maureen’s offer of proof established that she had given both daughters $20,000 as a down payment for their homes, $6,000 for IRAs, and $4,000 for their weddings.

People v. Fields

2012 IL App (1st) 110311 · Appellate Court of Illinois · Apr 17, 2014

Generally, in order to show ineffective assistance of counsel, a defendant must establish: (1) counsel’s representation fell below an objective standard of reasonableness; and (2) counsel’s alleged deficient … A statute bears a strong presumption that it is constitutional; defendant bears the burden of overcoming that presumption and clearly showing that the statute is unconstitutional. People v.

Booten v. Argosy Gaming Co.

Appellate Court of Illinois · Apr 18, 2006

The Bunch court reasoned that "[a]lthough the cleaning barge was secured in position, strong currents would shift the barge, belying the permanency of its mooring," and that the evidence failed to establish that "the barge … The Alton Belle is clearly capable of maritime transportation as evidenced by its dedrifting expeditions and Dennis Crank's testimony that the Alton Belle can be ready to cruise in approximately five to seven minutes if

American Federation of State, County and Municipal Employees v. Illinois Labor Relations Board

16 N.E.3d 72 · Appellate Court of Illinois · Jul 8, 2014

¶7 The parties agree that we review the Board's decision that a position qualifies as a "confidential employee" position under the "clearly erroneous" standard. … The Board's determination as to whether the facts establish that an employee is a confidential employee as defined by statute will not be reversed unless that determination was clearly erroneous.

People v. Housby

82 Ill. App. 3d 537 · Appellate Court of Illinois · Mar 28, 1980

Thus, it is clearly seen that unlike Ulster County, in the instant case the presumption is the sole basis for a finding of guilt. It is the only evidence introduced on the offense. … The instruction does not provide a guideline for the degree of proof with which the possession is to be established.

Yu v. Clayton

147 Ill. App. 3d 350 · Appellate Court of Illinois · Sep 2, 1986

Clayton (1985), 105 Ill. 2d 389, 397 , 475 N.E.2d 536, 540 , in stating that “[i]t is a well-established constitutional principle that every citizen has a right to pursue a trade, occupation, business or profession^ such] … Clearly plaintiff’s procedural due process rights were respected. Viewed in another light, plaintiff’s argument may be that she has an entitlement to “carry-over credit” for those portions of the NTPE that she passed.