Case law

People v. Burgos

184 Ill. App. 3d 474 · Appellate Court of Illinois · May 26, 1989

App. 3d 690 , 403 N.E.2d 16 (evidence of an offense occurring five years prior to the offense currently being prosecuted admitted to establish modus operandi). … The trial court is in a better position than a reviewing court to determine the prejudicial effect of a remark made during argument, and its ruling should be upheld unless the court clearly has abused its discretion.

Schwartz v. City of Chicago

21 Ill. App. 3d 84 · Appellate Court of Illinois · Jul 3, 1974

To infer such an inverted treatment of the two interests would be untenable, absent a more clearly expressed directive. A clearer expression was indeed forthcoming in the 1969 statutes. … This court may not reverse unless Thornton’s evidence was clearly contrary to the court’s decision.

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.

Kalbfleisch v. Columbia Community Unit School District Unit No. 4

Appellate Court of Illinois · Dec 16, 2009

According to Carter's mother, this means she is qualified to train 4 other people in their own comfortable environment. … The party seeking a preliminary injunction is required to establish four factors before an injunction will be granted: (1) a clearly ascertained right in need of protection, (2) an irreparable injury in the absence of an

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.

Fanady v. Israelov

2025 IL App (1st) 240419-U · Appellate Court of Illinois · Mar 7, 2025

alleged in their complaint that the attorney’s actions were taken “in furtherance of” and for ‘the benefit of” his client, and therefore the absolute litigation privilege applied because “the allegations in the complaint establish … furtherance of, anticipated and pending divorce proceedings”); O’Callaghan, 2015 IL App (1st) 142152, ¶ 29 (finding that the plaintiff’s claims were barred by the absolute litigation privilege because the defendants’ actions “clearly

Walter v. Board of Education

95 Ill. App. 3d 313 · Appellate Court of Illinois · Apr 16, 1981

Plaintiff alleged that her dismissal was wrongful because three nontenured teachers were hired in August 1978 to teach a reading program for which she — a tenured teacher — was legally qualified to teach. … Here, plaintiff clearly asked to be reinstated as a teacher, and to receive damages for the time she was wrongfully kept from practicing her livelihood. There were no pleading defects at the trial level.

Kenilworth Insurance v. McDougal

20 Ill. App. 3d 615 · Appellate Court of Illinois · Jul 8, 1974

The facts of the accident, particularly with reference to whether or not there was physical contact between the insureds’ vehicle and the vehicle of the uninsured motorist, clearly appear to be an integral part of plaintiffs … cause of action to establish noncoverage under the policy.

People v. Martin

Appellate Court of Illinois · Nov 27, 1996

The less educated juror was fully as qualified to guess what was going on in the witnesses mind as the most expert witness money could buy." … App. 3d 998, 286 N.E.2d 351 (1972), the trial judges' recorded statements clearly indicated that they had considered matters dehors the record and relied upon those matters in reaching their decisions.

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

Dennis E. v. O'Malley

256 Ill. App. 3d 334 · Appellate Court of Illinois · Nov 16, 1993

the two essential elements of a § 1983 action are present: (1) whether the conduct complained of was committed by a person under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities … Neither party contests that the first element of the action was properly alleged, as the complaint clearly stated that defendants’ conduct was in reaction to a statutory command.

Hudson v. Thies

35 Ill. App. 2d 189 · Appellate Court of Illinois · May 16, 1962

of a release given to the railroad company, held that in passing on the validity of such release, when assailed, all surrounding conditions should be. fully developed and the relative attitudes of the contracting parties clearly … In this case, Kermit Hudson was the duly appointed, qualified and acting guardian of Dean Hudson, a minor.

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.

Village of Riverdale v. Allied Waste Transportation Inc.

Appellate Court of Illinois · Sep 27, 2002

In the present case, the record clearly established that defendants' activities on the property in question constituted the operation of a wood recycling, waste storage, or waste disposal facility. … The record established that following the fires on the property, defendants agreed to cease operations on October 23, 2000.

Schmidt v. Ameritech Illinois

Appellate Court of Illinois · Mar 29, 2002

In other words, we think that Johnson did not establish, or claim to establish, a new principle of law and was not a case of first impression. … To that end, the qualified right arguably would allow the employer to make appropriate internal checks concerning the job conduct of its employees. (Slip op. at 14).

Dean Foods Co. v. Illinois Pollution Control Board

143 Ill. App. 3d 322 · Appellate Court of Illinois · Apr 7, 1986

Schollenberger’s written statement established that he was the engineer who reviewed Dean’s 1981 application for permit renewal. In the statement, 35 Ill. Adm. … Stat. 1983, ch. 111½, par. 1005(a), which created the PCB and calls for seven “technically qualified” Board members.) This court is not qualified to do so.

Sola v. Illinois Human Rights Comm'n

316 Ill. App. 3d 528 · Appellate Court of Illinois · Sep 20, 2000

Third, there is “evidence that the plaintiff was qualified for the job in question but passed over in favor of (or replaced by) a person not having the forbidden characteristic and that the employer’s stated reason for the … Clearly, Drehmer did not have sufficient information to render a statistical opinion.

In re Detention of Allen

Appellate Court of Illinois · Jun 25, 2002

If the person is indigent, the court is required to appoint a qualified and available expert or a professional person to perform an examination, and the county must pay the costs of the examination and participation in the … The party challenging a statute bears the burden of clearly establishing that it is unconstitutional. People v. DePalma , 256 Ill. App. 3d 206, 210 (1994).

Osgood v. Skinner

111 Ill. App. 606 · Appellate Court of Illinois · Jan 19, 1904

In view of all the testimony, we are clearly of opinion that the question whether there was a binding agreement by the terms of which appellees were not to go into the coal business for a certain length of time, was one to … are asked which the judge cannot give, he shall on the margin thereof write the word ‘ Refused,’ and such as he approves he shall write on the margin thereof 6 Given;’ and he shall in no case after instructions are given qualify

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.