Case law

Associated Bank National Ass'n v. Morrison

2026 IL App (5th) 250622 · Appellate Court of Illinois · Apr 30, 2026

First, John was not a party to the mortgage and did not qualify as a consumer protected by the Act. … that McShan’s intention was to establish a life estate

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.

First National Bank of Evanston v. Sousanes

96 Ill. App. 3d 1047 · Appellate Court of Illinois · May 29, 1981

The knowledge required to qualify one as an expert may be obtained from study, experience or both. (Allen v. City of Ottawa.) … Defendants maintain that this clearly is not the case. A few months prior to trial, defendants’ attorney informed plaintiff that Nicholas Grevan had died.

Raintree Health Care Center v. Human Rights Commission

211 Ill. Dec. 561 · Appellate Court of Illinois · Aug 25, 1995

These actions amounted to, at a minimum, a constructive discharge and clearly constituted an adverse employment action. The Commission’s decision on this issue was not against the manifest weight of the evidence. … In addition, because Raintree did not present any evidence of other appropriate jobs for which Davis was qualified, it failed to establish its defense of failure to mitigate damages. (People ex rel. Bourne v.

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.

Zientara v. Long Creek Township

211 Ill. App. 3d 226 · Appellate Court of Illinois · Apr 4, 1991

Ct. 2891, 2896-2900 , had this to say: “It is clearly established that a State may not discharge an employee on a basis that infringes that employee’s constitutionally protected interest in freedom of speech. Perry v. … Therefore, not only were plaintiff’s rights not proved to be violated by his discharge, but plaintiff has failed to establish a clearly mandated public policy which would protect his activities and give rise to a cause of

People v. Garrett

44 Ill. App. 3d 429 · Appellate Court of Illinois · Dec 14, 1976

Even arrests and charges later dropped, ordinarily inadmissible, may be shown where a witness “might be coloring her testimony because of an offer of immunity or leniency ° ° °, or because of the coercive effect of her detention … This was clearly in error. The jury was entitled to know the witness’ past and current relationship with the police.

Buckholtz v. MacNeal Hospital

Appellate Court of Illinois · Jan 31, 2003

This court will not reverse a trial court's ruling on a motion for a new trial except in those instances where it is affirmatively shown that the trial court clearly abused its discretion. … Katz testified that a reasonably well-qualified anesthesiologist or nurse anesthetist should have diagnosed Mr.

Chicago City Railway Co. v. Lewis

5 Ill. App. 242 · Appellate Court of Illinois · Mar 2, 1880

The instruction as modified laid down a rule in relation to contributory negligence at variance with the well settled doctrine on that subject, as established by the Supreme Court of this State. … 402 , it is not the law that if the plaintiff was guilty of negligence herself, yet that fact would not destroy her right to recover if the negligence of the defendant was so much greater than that of the plaintiff as to clearly

Cohen v. Chicago Park District

2016 IL App (1st) 152889 · Appellate Court of Illinois · Dec 22, 2016

¶ 10 After conducting his inspection, Gernady compiles a scope of repairs to be performed and creates a request for proposal to collect bids from a pool of pre-qualified “rapid response” contractors … Further, we note, the legislature clearly limited immunity under section 3-107(a) to access roads to “primitive” camping areas as opposed to all camping areas.

In re Marriage of S.D.

980 N.E.2d 1151 · Appellate Court of Illinois · Nov 13, 2012

We will address issues that are clearly defined and supported by pertinent authority. However, we need not consider those contentions that do not meet the requirements of Rule 341(h)(7). … Hirsch further testified that a recent search of current licensed clinical social work jobs in Illinois ranged from $38,000 to $81,000 and S.D. was qualified for these positions.

Rubinson v. Rubinson

250 Ill. App. 3d 206 · Appellate Court of Illinois · Jul 27, 1993

The circuit court held a hearing on plaintiff’s show cause petition where it was established that defendants had paid out of the corpus of the trust, not only the $11,000 in fees which the court had approved, but also additional … Thus, any perceptible desire to benefit is not unchecked, but in all cases is clearly subject to the discretion of the trustees.

People v. Barnes

117 Ill. App. 3d 965 · Appellate Court of Illinois · Sep 8, 1983

The Illinois Supreme Court has clearly set out the elements that comprise a dying declaration (see People v. … We have already established that the victim’s statements were properly allowed into evidence as dying declarations.

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).

People v. Brooks

2023 IL App (1st) 200435 · Appellate Court of Illinois · Sep 25, 2023

“To overcome this 20 No. 1-20-0435 presumption, the party challenging the statute must clearly establish that it violates the constitution.” … Heller, 554 U.S. 570 (2008), which interpreted the second amendment as establishing an individual right.

City of Watseka v. Blatt

320 Ill. App. 191 · Appellate Court of Illinois · Jul 8, 1943

. — No junk yard shall be-established or operated in the City of Watseka, Illinois, except in an Industrial District, and shall not be established or operated in an Industrial District unless consent is obtained in writing … He testified that the extension of the junk yard onto the next lot would tend to further depreqiate its value, but did not qualify his statement that it is still worth $1,800.

People v. Khan

136 Ill. App. 3d 754 · Appellate Court of Illinois · Sep 26, 1985

Consequently, selective prosecution is permissible as long as it is not based on clearly impermissible grounds such as discrimination on the basis of race, religion, the exercise of first amendment rights, or bad faith. … his cross-examination of a State’s witness who testified regarding conditions at the premises in question; (2) characterized the testimony of this witness during direct examination; and (3) admitted State’s evidence not qualified

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.

People v. Govan

169 Ill. App. 3d 329 · Appellate Court of Illinois · Apr 28, 1988

This clearly falls far short of the type of situation which would justify possession of a weapon. … At sentencing, that same prior theft conviction was used to qualify defendant for an extended term.

People v. Harris

314 Ill. App. 3d 409 · Appellate Court of Illinois · Jun 13, 2000

Karla Cluck, another forensic scientist, was also qualified as an expert witness. She performed PCR tests on the samples provided. … If the police and ASAs were truthful, then the confessions were clearly voluntary. If the defendants were truthful, then the confessions were just as clearly coerced.