Case law

Village of Skokie v. Illinois State Labor Relations Board

306 Ill. App. 3d 489 · Appellate Court of Illinois · Jun 30, 1999

On October 8, 1996, the Union sent a letter to the commissioners expressing its concern over the new changes in the eligibility requirements for the lieutenant’s exam because it would exclude qualified candidates. … Therefore, the clearly erroneous standard of review is applicable. Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 204 , 692 N.E.2d 295 (1998).

Eads v. Abernathy

Appellate Court of Illinois · Jul 6, 2026

Plaintiff countered that the standard for qualifying a witness as an expert was that the witness had “knowledge, training, education or experience beyond that of a layperson” and claimed that had been clearly established … It also noted that Andreas had limited his own testimony, stating both that the work he had done was not a land survey and that only a licensed surveyor was qualified to establish the property corners.

Valley Mould & Iron Co. v. Illinois Human Rights Commission

133 Ill. App. 3d 273 · Appellate Court of Illinois · Apr 19, 1985

To accomplish this, the [employer] must clearly set forth, through the introduction of admissible evidence, the reasons for the [employee’s] rejection. … Pitts’ discharge, and clearly did not find it.

People v. Simmons

2023 IL App (4th) 220693-U · Appellate Court of Illinois · Jun 13, 2023

Prejudice ¶ 35 Next, even assuming that defendant could establish cause for his failure to previously raise his proportionate penalties claim, he cannot establish prejudice. … IL 118599, ¶ 37, 61 N.E.3d 92. “ ‘The legislature’s discretion in setting criminal penalties is broad, and courts generally decline to overrule legislative determinations in this area unless the challenged penalty is clearly

People v. Sansone

18 Ill. App. 3d 315 · Appellate Court of Illinois · Mar 12, 1974

The petition stated that the facts may be established by the attached certificate of Dr. S. Lipkin. … of qualified psychiatrists, is a determination which properly can be made by the State.

People v. Montoya

373 Ill. App. 3d 78 · Appellate Court of Illinois · May 9, 2007

Also, the very language in Vargas relied upon by defendant was characterized as “clearly dicta” by the Oswald court. … Thus, the fact that defendant earned the wages and qualified for the insurance benefits does not somehow negate the fact that they were “fraudulently obtained.”

Allied Asphalt Paving Co. v. Village of Hillside

314 Ill. App. 3d 138 · Appellate Court of Illinois · Jun 9, 2000

Department of Revenue, 131 Ill. 2d 196 , 545 N.E.2d 695 (1989), where the court considered the issue of whether the purchase of two ready-mix concrete trucks qualified for a manufacturing tax exemption. … Allied’s attempts to describe the crushing plant as construction equipment or contractor’s equipment flies in the face of reason and logic, particularly where the crushing plant clearly performed a complete manufacturing

Wright v. County of Du Page

Appellate Court of Illinois · Sep 13, 2000

Following trial, the court found that the evidence clearly established that the purpose or activity for which the Spas were designed or intended or for which they were maintained and occupied constituted an adult use because … Clearly, the evidence established that the business use of the Spas' establishments was for the operation of massage parlors that emphasized an activity distinguished and characterized by its emphasis on matters relating

Joynt v. Barnes

71 Ill. App. 3d 187 · Appellate Court of Illinois · Apr 19, 1979

To establish malpractice against a doctor, a plaintiff must establish the standards of care to which the doctor is to be held and then prove by affirmative evidence that the doctor violated those standards. (Walski v. … Rather we find them to have been responsive answers to questions in areas of medicine where reasonable and equally qualified doctors could disagree.

People v. Wright

171 Ill. App. 3d 573 · Appellate Court of Illinois · Jun 28, 1988

The trial court had before it the testimony of and several reports from qualified mental health professionals. … Defendant cannot so establish. Although the officers chased him at high speeds, neither threatened defendant nor displayed his sidearm in a threatening manner.

Elgin Board of Education School District U-46 v. Illinois Workers' Compensation Commission

409 Ill. App. 3d 943 · Appellate Court of Illinois · Apr 25, 2011

A decision is against the manifest weight of the evidence only when an opposite conclusion is clearly apparent. City of Chicago v. … Although the second clause would appear to qualify the broad language in the first clause of section 8(j)2, in Tee-Pak, Inc. v.

People v. Gant

233 Ill. App. 3d 936 · Appellate Court of Illinois · Aug 4, 1992

Ct. 89 , the court held that section 5—5—3.2(b)(2) “specifically describes the conduct which qualifies an accused for an extended-term sentence.” … IV Finally, defendant contends that the evidence in this case fails to establish excessive brutal or heinous behavior indicative of wanton cruelty.

Moss v. Amira

356 Ill. App. 3d 701 · Appellate Court of Illinois · Mar 24, 2005

In so ruling, the court made the following finding: "Plaintiff did not and could not establish that this communication resulted in any prejudice to him or that [the doctor's] conduct was in any way improper. … This is clearly improper. In her brief, Amira surprisingly makes the following statement: "There was nothing improper in merely providing Dr.

People v. Munoz-Salgado

2016 IL App (2d) 140325 · Appellate Court of Illinois · Oct 28, 2016

In order to qualify as “testimonial,” a witness’s statement must be (1) made in a solemn fashion and (2) intended to establish a particular fact. … A medical examination was clearly both necessary and appropriate to ascertain whether J.L. suffered any injuries and whether treatment was necessary.

Community Merchant Services, Inc. v. Jonas

Appellate Court of Illinois · Dec 23, 2004

Here, the trial court’s conclusion was not only an abuse of discretion but was also clearly erroneous. … A protective order was needed to give Jonas immunity from personal service, and since one was not in place, service was proper.

People Ex Rel. Turner v. Lewis

104 Ill. App. 3d 75 · Appellate Court of Illinois · Mar 3, 1982

While the private interests of one citizen may be an interest shared by other members of the community for the purposes of establishing standing, the personal interest must still be pleaded and proved. … Clearly, a rival claimant to the office would have standing to challenge the present officeholder. (People ex rel. Palmatier v. Tighe (1956), 11 Ill. App. 2d 1 , 135 N.E.2d 811 ; People ex rel. Romano v.

Allstate Insurance v. Skawinski

40 Ill. App. 2d 136 · Appellate Court of Illinois · Feb 21, 1963

These words in the policy qualify and limit the policy obligations of plaintiff under Part 1 of Section 1. … The cases clearly indicate that the term "use" is not to be limited to driving the vehicle.

People v. Cavette

2018 IL App (4th) 150910 · Appellate Court of Illinois · Feb 4, 2019

Arbiter stated she could clearly see it was a silver and black gun. She called the police. ¶7 Lane testified he saw defendant pull up in a car and step out. Lane invited defendant into his apartment. … Defendant’s sister testified she observed others at Lane’s earlier the same day. ¶ 10 The parties stipulated defendant “was previously convicted of two prior qualifying offenses under the armed habitual criminal

In Re FS

322 Ill. App. 3d 486 · Appellate Court of Illinois · May 14, 2001

According to the psychologist: "[S.K.] has clearly refocused her life * * *. * * * [S]he has a new strongly moralistic outlook on life, and at this time, has immersed herself in this spiritual training. … The trial court found that because the CVC program lacked professional staff and it did not obtain approval from DCFS, it did not qualify as a treatment program, and S.K.'

In Re Barnard

247 Ill. App. 3d 234 · Appellate Court of Illinois · Jul 20, 1993

I would like to be able to qualify for orphan foster care." Dr. … Respondent also urges that there was never a nexus of timeliness established between the doctors' perception of respondent and any real or projected dangerousness.