Case law

People v. Warner

176 Ill. App. 3d 868 · Appellate Court of Illinois · Nov 21, 1988

Instead, the court found that the section as amended now allowed for service upon the child’s legal guardian or custodian to establish jurisdiction. … The supreme court, quoting from debates in the House of Representatives, found that this interpretation w;as clearly consistent with the intent of the legislature.

People v. Robles

314 Ill. App. 3d 931 · Appellate Court of Illinois · Jul 20, 2000

Rabin testified that psychiatrists are not qualified to administer and analyze psychological tests. Additionally, Drs. … It appears defendant was attempting to establish the unreliability of Dr. Hartman’s report through the testimony of Dr.

Gwinn v. Gwinn

2016 IL App (2d) 150851 · Appellate Court of Illinois · Oct 14, 2016

A cause of action should not be dismissed under section 2-615 unless it clearly appears that no set of facts can be proved that would entitle the plaintiff to recover. Id. Our review is de novo. … Moreover, even Betty’s expression of her intentions toward her children was qualified: her “primary concern” was “for their care and education until they become self-supporting.” (Emphasis added.)

Hill v. PS Illinois Trust

368 Ill. App. 3d 310 · Appellate Court of Illinois · Sep 26, 2006

To assert a violation of the Illinois due process clause, a plaintiff must allege a state action deprived him of a protected right, privilege, or immunity. … The dividing line we seek to apply in this case was clearly drawn by the United States Supreme Court in Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 , 99 L. Ed. 2d 565 , 108 S. Ct. 1340 (1988).

In Re EH

299 Ill. App. 3d 42 · Appellate Court of Illinois · Sep 1, 1998

Although the court reasoned that the State's promise of immunity to the accomplice undermined the credibility of the accomplice, it also included in its consideration *1049 other circumstances that provided reasonable doubt … To qualify as hearsay, the statement, oral or written, must be offered to establish the truth of the matter asserted. People v. Simms, 143 Ill.2d 154, 173 , 157 Ill.Dec. 483 , 572 N.E.2d 947 (1991); R.

M.L.C. Corp. v. Pallas

59 Ill. App. 3d 504 · Appellate Court of Illinois · Apr 21, 1978

Clearly, the instant case does not involve any third parties. The courts will not enforce a default judgment which is surrounded by unfair, unjust or unconscionable circumstances. (Elfman v. Evanston Bus Co.) … J., and LORENZ, J., concur. 1 The record does not show that the receiver qualified or took any action or in any way attempted to control the property.

Swartz v. Sears, Roebuck and Co.

264 Ill. App. 3d 254 · Appellate Court of Illinois · May 14, 1993

App. 2d 12 , 242 N.E.2d 436 (improper to direct a verdict although purpose for which plaintiff entered defendant’s trailer was clearly sufficient to render him an invitee because jury question still existed on whether there … was a sufficient invitation on defendant’s part to establish invitee status).

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

Local Union Nos. 15, 51, & 702 v. Illinois Commerce Commission

331 Ill. App. 3d 607 · Appellate Court of Illinois · Jun 20, 2002

customers in an electric utility’s service area that are eligible to take delivery services under this Act; (4) That the applicant will comply with such informational or reporting requirements as the Commission may by rule establish … The Commission agreed with WPS that petitioners’ proposed construction “is contrary to the plain language of Section 16 — 115(d)(5) and would afford no meaning to the qualifying term ‘physically and economically delivered

Cohen v. Chicago Park District

2016 IL App (1st) 152889 · Appellate Court of Illinois · Oct 28, 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. Wilson

2019 IL App (1st) 181486 · Appellate Court of Illinois · Dec 29, 2020

To resolve this contention, we must establish the nature of the Torture Act and the hearing that ensued. ¶ 47 “This Act establishes an extraordinary procedure to investigate and determine factual claims … Furthermore, “[a] judge’s ordinary efforts at courtroom administration— even a stern and short-tempered judge’s ordinary effort at courtroom administration—remain immune.”

People v. Dietschweiler

21 Ill. App. 3d 707 · Appellate Court of Illinois · Jul 15, 1974

This is established by the testimony of the witnesses as well as by undisputed physical facts. … John Ellis is admittedly qualified in automobile matters from a technical point of view. He examined the photographs in question.

Suttle v. Lake Forest Hospital

Appellate Court of Illinois · Jun 30, 2000

Normally, laypersons are not qualified to evaluate professional medical conduct ( Addison v. … Payton in the instant case are not clearly speculative, LaSalle National Trust is inapposite. Coffey v. Brodsky , 165 Ill.

Thomason v. Chicago Motor Coach Co.

292 Ill. App. 104 · Appellate Court of Illinois · Oct 19, 1937

It becomes a question of law only when the evidence is so clearly insufficient to establish due care that all reasonable minds would reach the conclusion that there was contributory negligence. (Thomas v. … App. 241, 245 ); but defendant contends that that general rule has but a qualified application to defendant’s service, and cites, in support of the contention, such cases as Feeney v. Chicago City Ry. Co., 220 Ill.

People v. Saleh

2020 IL App (1st) 172979 · Appellate Court of Illinois · Sep 30, 2020

” ¶ 26 The trial court found that “[t]he testimony and the photos clearly support” the Schmitts’ “version.” … In addition, photos taken of her “clearly” showed her injury, while no injury was noted on defendant.

People v. Scalise

2017 IL App (3d) 150299 · Appellate Court of Illinois · Aug 7, 2017

. ¶ 10 Starting with the 1977 amendment, the legislature clearly indicated that the per diem credit only applies where it is sought by a defendant. … The State argued the defendant was ineligible for the credit under subsection 110-14(b) because he was incarcerated for a qualifying sexual assault. Id.

Elmhurst-Chicago Stone Co. v. County of Kane

129 Ill. App. 2d 190 · Appellate Court of Illinois · Sep 23, 1970

He qualified these percentages as being dependent upon the number of trucks that would be brought to the area, and whether there would be any dirt, dust or noise in the area. … This uniqueness must be considered in applying the established factors in determining if the ordinance is so clearly arbitrary and unreasonable as to result in confiscation in violation of constitutional rights of the owner

Knight v. Haydary

223 Ill. App. 3d 564 · Appellate Court of Illinois · Jan 17, 1992

Haydary applied the knowledge and used the skill and the care ordinarily used by a reasonably well-qualified obstetrician/gynecologist when Dr. … Arieff need not be refuted because Patrice “clearly had hyponatremia from whatever cause and it was treatable and it was not treated.”

Postal Telegraph Cable Co. v. Baltimore & Ohio Chicago Terminal Railroad

219 Ill. App. 304 · Appellate Court of Illinois · Oct 11, 1920

On its face the ordinance explicitly ordered and re<quired defendant’s predecessor to comply with its terms, and the language employed clearly indicates a purpose to provide, under the police power of the city, for the public … It is only qualified.

State Bank v. Lower

365 Ill. App. 3d 469 · Appellate Court of Illinois · May 12, 2006

However, -10- No. 2--05--0927 we need not explore this argument further, because the supreme court has clearly stated that the percentage of disability is a factual question … Petitioner argues that the Act requires that, in order to qualify for a statutory custodial claim, a claimant have physically provided the care to the deceased.