Case law

Insureone Independent Insurance v. Hallberg

2012 IL App (1st) 92385 · Appellate Court of Illinois · Jun 27, 2012

A trial court’s finding is against the manifest weight of the evidence only where the “opposite conclusion is clearly evident.” In re Estate of Wilson, 238 Ill. 2d 519, 570 (2010). … claim of lost profits arises from a breach of contract, it is “customarily not susceptible of detailed or direct proof, and that unless proof of an inferential character is permitted, the result would be to immunize

Oommen v. Glen Health and 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 public policy … This is, in our view, contrary to well established principles of statutory construction.

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.

Tunnell v. Edwardsville Intelligencer, Inc.

99 Ill. App. 2d 1 · Appellate Court of Illinois · Aug 14, 1968

To adopt the view that punitive damages in such defamation cases were dependent upon the allowance of actual damages, would be to allow a defamer some immunity because of the excellent reputation of the person defamed, and … While it may be true that there was contention among the City Council with reference to the mayor’s temporary appointments, the last sentence clearly encompassed the “sting or gist” of the alleged libelous publication.

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.

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.

Mudge v. Mitchell Hutchins & Co.

322 Ill. App. 409 · Appellate Court of Illinois · Apr 6, 1944

Her will' was admitted to probate in Cook county, Illinois, and Burton Mudge, after qualifying as executor thereof, filed his inventory in the probate court, listing therein all the property which came into his possession … Although that statute is not retroactive, it now represents the settled public policy of this State and establishes rules as to constructive notice of breaches of fiduciary obligations.

People v. Cole

84 Ill. App. 3d 347 · Appellate Court of Illinois · Apr 30, 1980

The evidence at trial established that defendant was serving a 2- to 10-year sentence for burglary at the Peoria Community Correctional Center. … However, section 3-13-4(b) clearly refers only to unauthorized absences in connection with work or day release, not those resulting from failure to return from furlough.

In re Estate of Kirk

2017 IL App (4th) 160416 · Appellate Court of Illinois · Apr 6, 2017

Philip asserted he was qualified and willing to act as guardian and asked that the court appoint him. … Each part must “also clearly show the points or grounds relied upon under the Section upon which it is based.” Id.

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.

Maywood Sportservice, Inc. v. Maywood Park Trotting Ass'n

14 Ill. App. 3d 141 · Appellate Court of Illinois · Aug 2, 1973

While contiguous land was added to the second lease, principally as parking area, arid while one parcel was excluded from the second lease, both leases, as shown by the plat of survey introduced into evidence, clearly were … Even though a single contract between single traders may fall within the initial broad prosecution of the section, it must also suffer the qualifying disability, tendency to work a substantial — not remote — lessening of

People v. Allen

Appellate Court of Illinois · Jun 2, 1997

However, words need only be likely to incite violence, not actually produce violence, to qualify as fighting words. See People of the City of Pontiac v. Klein , 67 Mich. … We reverse defendant's conviction on count V because the evidence failed to establish where or when the conduct underlying count V occurred.

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.

Shempf v. Chaviano

2019 IL App (1st) 173146 · Appellate Court of Illinois · Apr 24, 2019

The mandamus ruling was clearly a final judgment. 8 No. 1-17-3146 days. See Ill. S. Ct. R. 304(a) (eff. … Even a statute requiring a “governmental entity” to pay postjudgment interest was not deemed a waiver of sovereign immunity; even though the State obviously qualifies as a “governmental entity,” the State was not expressly

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.

Pisano v. Illinois Workers' Compensation Comm'n

2018 IL App (1st) 172712WC · Appellate Court of Illinois · May 17, 2019

A decision is against the manifest weight of the evidence only if an opposite conclusion is clearly apparent. … Thus, claimant was required to establish that he falls into the odd-lot category.

Tully v. McLean

Appellate Court of Illinois · Apr 26, 2011

LPDA was a company established by McLean to hold trusts he established for his children. The children’s trusts owned 99% of LPDA. McLean owned the other 1% and managed LPDA. … With regard to the fifth factor, it found it “clearly established that the harm incurred was the result of intentional malice, trickery or deceit.”

People v. Ponce

2024 IL App (2d) 230595-U · Appellate Court of Illinois · Mar 14, 2024

We cannot find that a conclusion opposite that of the trial court is clearly apparent. … However, I believe we should address the merits, or lack thereof, of the issues on appeal, mindful of the following established law: “A reviewing court is entitled to have issues clearly defined with pertinent

People v. Velez

2012 IL App (1st) 101325 · Appellate Court of Illinois · Mar 22, 2012

Nonetheless, the State may be entitled to rely upon presumptions or inferences in order to establish a defendant’s guilt. Hester, 131 Ill. 2d at 98. … There is no doubt that defendant’s conduct in the instant case clearly falls within the statutory proscription.

Apple Canyon Lake Property Owners' Ass'n v. Illinois Commerce Comm'n

985 N.E.2d 695 · Appellate Court of Illinois · Mar 5, 2013

It is also true that not everything in the Commission’s record for decision meets these requirements and qualifies as evidence. … Clearly, the legislature intended for the Commission to consider these public comments before deciding the case.