Case law

Sigcho-Lopez v. Illinois State Board of Elections

448 Ill. Dec. 435 · Appellate Court of Illinois · Apr 9, 2021

The Board’s application of a rule of law to established or admitted facts is a mixed question of fact and law that will not be disturbed on review unless it is clearly erroneous. … The payment of legal fees incurred in defense of such allegations by a political committee can, therefore, qualify as an expenditure to defray a reasonable expense of an officeholder in connection with the performance

Harris Trust & Savings Bank v. Otis Elevator Co.

297 Ill. App. 3d 383 · Appellate Court of Illinois · May 22, 1998

Yet, the plaintiffs fail to point out why our prior decision ordering a new trial was clearly erroneous under the circumstances of this case. … Negligence may be established by either direct or circumstantial evidence. Mort v. Walter, 98 Ill. 2d 391, 396 , 457 N.E.2d 18 (1983).

Oommen v. Glen Health & Home Management Inc.

2020 IL App (1st) 190854 · Appellate Court of Illinois · Nov 20, 2020

To succeed on such a claim, a plaintiff must establish that (1) he was an employee, (2) he “was dismissed in retaliation for his activities,” and (3) the dismissal was “in contravention of a clearly mandated … This is, in our view, contrary to well established principles of statutory construction.

People v. Bonds

391 Ill. App. 3d 182 · Appellate Court of Illinois · Apr 24, 2009

The trial judge also raised and discussed, at length, whether Chino’s statements would qualify as an exception to hearsay as a declaration or statement against penal interest. … The record establishes that doubt was cast on Chino’s credibility by his own words and pattern of lying and admitting to it on the stand.

People v. Guerrero

2018 IL App (3d) 170786 · Appellate Court of Illinois · Jul 25, 2019

“It is quintessentially the duty of counsel to provide her client with available advice about an issue like deportation, and the failure to do so ‘clearly satisfies the first prong of the Strickland analysis … As such, we conclude the probation operations assistance assessment qualifies as a fine, created to generate a fund to support probation and court services, regardless of a defendant’s actual

Northern Illinois University v. Fair Employment Practices Commission

58 Ill. App. 3d 992 · Appellate Court of Illinois · Mar 6, 1978

Barbour was not qualified by training or experience to teach in any of these specialized areas. Further, there was no evidence Dr. … Clearly women are not prevented from becoming full professors on account of their sex.

Lee County Board of Review v. Property Tax Appeal Board

278 Ill. App. 3d 711 · Appellate Court of Illinois · Mar 28, 1996

Under the Mobile Home Local Services Tax Act, structures that qualify under the statutory definition of "mobile home” are not taxed and assessed as real property. … In that case, the court established and applied what is now the permanent fixture intention test. 106 Ill. App. 3d at 670 .

McCaffrey v. Village of Hoffman Estates

2021 IL App (1st) 200395 · Appellate Court of Illinois · May 11, 2021

The complaint should be dismissed only if it is clearly apparent that the plaintiff can prove no set of facts that would entitle him to relief. … subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried and for the dependent children under the conditions established

Lyons v. Whittington

109 Ill. App. 3d 197 · Appellate Court of Illinois · Sep 14, 1982

The circuit court was exercising its probate jurisdiction in accordance with the statutory authority set out in section 19 — 8, and the guardian, Jean Lyons, was clearly subject to that jurisdiction since her powers derive … In the event his heirship is established, he will, of course, also receive his proportionate share of Ralph’s estate, including a portion of the wrongful death settlement of $5,500.

Northwest Hospital v. Illinois Health Facilities Planning Board

59 Ill. App. 3d 221 · Appellate Court of Illinois · Apr 6, 1978

more qualified to decide technical problems and the mechanics of dealing with them. … Defendant concedes that plaintiff established a need for additional medical/surgical and intensive care beds. The only area of dispute is the number of beds that should be added.

Guardino v. Chrysler Corp.

294 Ill. App. 3d 1071 · Appellate Court of Illinois · Feb 13, 1998

officer, partner or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person *** unless such sale or transfer is to a transferee who would not otherwise qualify … A section 2 — 615 motion for dismissal should not be granted unless it clearly appears that no set of facts could be proved that would entitle plaintiff's to recovery. Mt. Zion State Bank & Trust v.

People v. Karim

367 Ill. App. 3d 67 · Appellate Court of Illinois · Jul 28, 2006

Ct. 1860, 1879 (1961) (“ ‘The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness. … The reason behind Supreme Court Rule 341(h)(7) is well established. “ ‘A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is not

ISMIE Mutual Insurance v. Michaelis Jackson & Associates, LLC

397 Ill. App. 3d 964 · Appellate Court of Illinois · Dec 30, 2009

On October 5, 2007, ISMIE filed its declaratory judgment action to establish that its policy provided no additional coverage for the underlying qui torn suit. … Jackson’s attempt to establish a connection to medical care by way of improper billing for that care is insufficient to persuade us that the events qualify as “personal injury.”

Hooke v. Montessori School of Lake Forest

2023 IL App (2d) 230059-U · Appellate Court of Illinois · Nov 2, 2023

, and they were therefore immune under the School Code. … This section has been interpreted to “immunize ordinary negligence, but not to immunize willful and wanton misconduct.” Henrich, 186 Ill. 2d at 388-89.

People v. McClanahan

301 Ill. App. 3d 216 · Appellate Court of Illinois · Nov 16, 1998

The signer shall also allege that scientifically accepted tests were performed with due caution and that the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory … Clearly, no plain error arose. Accordingly, for the reasons we have stated, we affirm the conviction and sentence. Affirmed. McCullough, j., concurs.

People v. Davis

130 Ill. App. 3d 41 · Appellate Court of Illinois · Dec 20, 1984

The victim’s testimony was positive and consistent in all respects material to establishing the offense of armed robbery. … Clearly, the facts of this case are distinguishable from Rodriguez.

Turner-El v. West Opinion corrected

Appellate Court of Illinois · May 27, 2004

courts, and that he had failed to establish a clear right to have his grievances heard. … That debt is clearly uncollectible, now or in the future.

In re Marriage of Kane

2016 IL App (2d) 150774 · Appellate Court of Illinois · Jun 22, 2017

On September 23, 2014, the trial court entered an order awarding Canulli $37,500 in interim attorney fees, by way of a qualified domestic relations order that partially liquidated Heather’s retirement account … App. 3d 1086, 1102-03 (1992). ¶ 25 It is well established that the burden of proof is on the attorney to establish the value of his services, and that appropriate fees consist of reasonable charges for reasonable

Paxson v. Board of Education of School District No. 87

213 Ill. Dec. 288 · Appellate Court of Illinois · Dec 8, 1995

If so, would you please send us copies of the ordinances or resolutions that established these incentives?” … In the case before us, plaintiff filed her complaint 194 days after the Board’s allegedly violative meeting, clearly beyond the limits of the first two periods.

People v. Hansen

Appellate Court of Illinois · May 18, 2000

Having been qualified as an expert in the field of forensic pathology, Dr. … Clearly, evidence that the defendant routinely picked up young boys hitchhiking and sexually assaulted them could not be used to directly establish that the defendant killed the victims.