Case law

Davis v. Nokomis Quarry, Inc.

77 Ill. App. 3d 1011 · Appellate Court of Illinois · Nov 14, 1979

The court acknowledged, however, that the issue before it “[was] not whether perpetual leases are valid but whether the lease in question qualifies as a valid perpetual lease” and relied on State court precedent to resolve … The court concluded that the quoted language established a perpetual lease, notwithstanding precedent generally disfavoring such duration: “While the language of the document undoubtedly could have been improved by the use

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. 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.

In re Marriage of Schinelli

Appellate Court of Illinois · Jan 12, 2011

I looked—I can clearly see that he made—he put money into the account. That’s clear. I understand how much he was putting into the account. … The evidence established that as of March 31, 2009, the Wachovia 401(k) account had a value of $179,830.

Jones v. Lockard

353 Ill. Dec. 761 · Appellate Court of Illinois · Sep 8, 2011

The ALJ specifically found, with regard to the timeliness of Lockard's allegations, that the November 2003 shoulder massage qualified as sexual harassment and that it occurred within the same period that Jones had subjected … Illinois has recognized: "The [ Morgan ] Court qualified [its] holding by specifying that an act that occurs within the prescribed period will not enable an employee to recover for acts occurring outside the period if the

Maniez v. Citibank, F.S.B.

404 Ill. App. 3d 941 · Appellate Court of Illinois · Sep 20, 2010

Therefore, the plaintiff has failed to establish that this court’s decision in Maniez was palpably erroneous. 2. … In that case, the court held that the law of the case doctrine should not be applied “ ‘where the law as announced is clearly erroneous, and establishes a practice which is contrary to the best interests of society, and works

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. Behnke

41 Ill. App. 3d 276 · Appellate Court of Illinois · Aug 26, 1976

The principal issue is whether the manual in question qualifies as a learned treatise whose authoritative nature was established, thus bringing it within the Darling rule. … As the emphasized portion of this quotation clearly indicates, in this State there are two acceptable methods of establishing a treatise as a proper subject for use on cross-examination of an expert witness.

Small v. Kusper

161 Ill. App. 3d 42 · Appellate Court of Illinois · Sep 14, 1987

That observation was qualified, however, in Illinois State Employees Association v. … Clearly, if the delegates had contemplated that nondisclosure of party affiliation mandated constitutional protection, they could have raised that concern when section 6 was discussed shortly thereafter.

Oudshoorn v. Warsaw Trucking Co.

38 Ill. App. 3d 920 · Appellate Court of Illinois · May 14, 1976

We believe this instruction was properly given here, in view of the well established rule that each party is entitled to direct and specific instructions embracing his theory of the facts where the evidence tends to prove … Defendants’ additional objection that there was a lack of any showing that the doctor was qualified as a seat belt expert is without merit because (1) such qualifications are discretionary with the court (People v.

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.

People v. Christopher K.

284 Ill. Dec. 492 · Appellate Court of Illinois · May 7, 2004

As to the term “offense,” the State responds that it clearly means that the minor must commit no criminal offense during the term of his or her juvenile sentence. … The principles of law concerning the voluntariness of a confession are well established.

White v. The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

2014 IL App (1st) 132315 · Appellate Court of Illinois · Sep 12, 2014

Second, the circuit court determined that the Board's determination that White's position as a police aide did not qualify for service credit under section 5-214(c) was clearly erroneous as the evidence established White … I would find that the Board’s determination was not clearly erroneous where the Board concluded that White did not qualify for pension credit under section 5-214(c) because she did not show that her prior civilian employment

Hess v. Gilbert

311 Ill. App. 28 · Appellate Court of Illinois · Jun 25, 1941

Sonsteby, designated therein as executor, duly qualified as such. The value of the corpus of the trust estate, excluding any accretions by virtue of the will, is approximately $25,000. … The evidence shows clearly that Helen never abandoned or had any intention of abandoning her residence and permanent abode at 5234 South Woodlawn avenue.

Truck Insurance Exchange v. Ulman

2023 IL App (1st) 220804 · Appellate Court of Illinois · Oct 20, 2023

¶ 16 Truck acknowledged that the insured defendants qualified as insureds under the D & O coverage provision. … ¶ 44 Exclusion 12 ¶ 45 We agree with the trial court—a question of fact remains: Does the underlying lawsuit fall “clearly within” Exclusion 12, making judgment

Prospect Heights Fire Protection District v. Department of Employment Security

2021 IL App (1st) 182525 · Appellate Court of Illinois · Mar 16, 2021

those jurisdictions awarding unemployment benefits, the rationale is that mandatory retirement is by its nature a forced retirement, that it is not an act of volition by the employee and if he is otherwise qualified … We therefore find that the Board’s determination that Pyzyna’s separation from the District was involuntary was clearly erroneous.

People v. Franzen

251 Ill. App. 3d 813 · Appellate Court of Illinois · Oct 28, 1993

To be “manifest,” error must be clearly evident, clear, plain, and indisputable. ( 209 Ill. App. 3d at 373 .) … App. 3d 623 , to argue that the dragging of the victim, Lockwood, from one outdoor location to another does not establish secret confinement. Sykes, however, is clearly distinguishable from the case at bar.

In re Marriage of Folley

2021 IL App (3d) 180427 · Appellate Court of Illinois · May 19, 2021

She testified that she did not plan to work because she was not qualified for anything above an entry level job and her income “would just get sucked into taxes.” … “Findings are against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the court’s findings are unreasonable, arbitrary, and not based upon any of the evidence.”

People v. Johnson

394 Ill. App. 3d 1027 · Appellate Court of Illinois · Sep 18, 2009

Justice Thomas wrote that he joined the majority’s decision because the certificates at issue were clearly affidavits within the class of testimonial statements covered by the confrontation clause. … The court pointed out that Ginglesberger, a Cellmark employee, was qualified as an expert without objection and testified about Cellmark’s accreditations.

Urman v. Walter

101 Ill. App. 3d 1085 · Appellate Court of Illinois · Nov 13, 1981

As the court observed, “[plaintiff failed to establish that he had no alternative except to walk on the piling to get from one end to the other.” (Swendsen, 41 Ill. App. 3d 930, 933 , 355 N.E.2d 164, 166 .) … Clearly, the issue resolved in Swendsen has no bearing on the question of whether the lack of cribbing in the instant case is actionable under the statute.