Case law

Wolin v. Hoffman

2026 IL App (1st) 241183-U · Appellate Court of Illinois · Mar 31, 2026

¶ 37 If a defendant establishes a qualified privilege, a plaintiff must prove that the defendant abused that privilege by directly intending to injure the plaintiff or recklessly disregarding the plaintiff’s rights … We explained that “the worker’s compensation insurers *** clearly have an interest in determining the validity of worker’s compensation claims.” Id.

Boonstra v. City of Chicago

214 Ill. App. 3d 379 · Appellate Court of Illinois · Mar 6, 1991

The 1988 ordinance provided that all taxicab licenses “shall be freely transferable to any person qualified under the provision of this chapter to be a license holder.” … In ruling upon a motion to dismiss, the court should deny the motion unless it clearly appears that no set of facts can be proved which would entitle the plaintiff to recover. (Ogle v.

Bank of New York Mellon v. Dubrovay

458 Ill. Dec. 167 · Appellate Court of Illinois · Nov 17, 2021

The majority disregards established Illinois case law and statutes that clearly support affirmance of the trial court’s dismissal, because the majority does not like that result. … The record in this case clearly indicates that BONY did not provide notice of acceleration to Jamie or the Dubrovays at any point beyond the first foreclosure complaint.

Chicago & Northwestern Railroad v. Scheuring

4 Ill. App. 533 · Appellate Court of Illinois · Nov 5, 1879

Scheuring was equally qualified to judge of its strength as O’Grady, as he was constantly handling all sorts of planks in the course of his ordinary business. … It was clearly a kind of work that fell within the line of his duties as a yard-man.

In re Abel C.

2013 IL App (2d) 130263 · Appellate Court of Illinois · Nov 18, 2013

A judgment is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. … Montoya clearly testified to both Shana’s successes and her failures in completing the required services.

Illinois State Treasurer v. The Illinois Workers' Compensation Commission

2 N.E.3d 351 · Appellate Court of Illinois · Nov 18, 2013

Thus, the policies animating the doctrine of sovereign immunity are not implicated here. … Accordingly, it would be inappropriate to read exemptions into the bond requirement that are not clearly expressed in the statute.

People v. Quintero

2024 IL App (1st) 232129-U · Appellate Court of Illinois · Jan 19, 2024

Arrest is clearly part of the criminal justice system. Thus, we find that the trial court’s consideration of defendant’s evasion of arrest was proper under the Act. … ¶ 24 The State responds that defendant’s use of violence and multiple attempts to avoid arrest, including twice trying to elude the police by car and once on foot fully established that no conditions would mitigate

Dickson v. Fisher

211 Ill. App. 45 · Appellate Court of Illinois · Apr 5, 1918

Steinberg was named as executor and qualified as such. The inventory and appraisement bill filed by him in the Probate Court of St. … It was no doubt the duty of the administratrix in Iowa to collect all debts due the estate there, and convert all assets within that jurisdiction into money, and from the money pay all debts established against the estate

People v. Morissette

150 Ill. App. 3d 431 · Appellate Court of Illinois · Nov 20, 1986

Indeed, the State contends that it only intended to call Steve Kubiak, star number 5801, to establish that the armed robbery had actually occurred. … Accordingly, the statute places no discretion in the hands of the State to determine which defendants qualify for a term of life imprisonment; rather, precise guidelines are set forth to enable the trial judge to determine

Logan v. Old Enterprise Farms, Ltd.

188 Ill. App. 3d 920 · Appellate Court of Illinois · Sep 1, 1989

The depositions clearly establish that the rope would frequently get tangled in the tree, approximately and conservatively every 1 out of 10 swings, making it necessary for someone either to climb up the tree to untangle … Defendants, while denying most of the allegations of the complaint, also raise as an affirmative defense the immunity created by the Act.

In Re RW

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 was clearly consistent with the intent of the legislature.

Hoffelt v. ILLINOIS DEPT. OF HUMAN RIGHTS

367 Ill. App. 3d 628 · Appellate Court of Illinois · Oct 16, 2006

Petitioner’s complaint clearly alleged that Lt. Zanders’ harassment was in retaliation for her prior opposition to the alleged sexual harassment by Disandro. Petitioner also notes that she has direct evidence of Lt. … App. 3d 1012 , 806 N.E.2d 746 (2004), however, the Morgan Court qualified its holding by “specifying that an act that occurs within the prescribed period will not enable an employee to recover for acts occurring outside the

In re Estate of Shelton

2016 IL App (3d) 140163 · Appellate Court of Illinois · Oct 7, 2016

certification prepared two years after the fact could not establish Doris’s incompetency “retroactively.” … Accordingly, we cannot read provisions or limitations into a POA that are not clearly supported by its text.

Evans v. Godinez

21 N.E.3d 1280 · Appellate Court of Illinois · Dec 1, 2014

immunity shielded them from liability. … immunity shielded defendants from liability.

People v. Veach

2016 IL App (4th) 130888 · Appellate Court of Illinois · Mar 21, 2016

established federal law as determined by Supreme Court precedent. … I use the qualifier "generally" because there are two exceptions to that rule.

Times Mirror Cable Television of Springfield, Inc. v. First National Bank

221 Ill. App. 3d 340 · Appellate Court of Illinois · Nov 14, 1991

It clearly provides for just compensation and establishes a procedure whereby the property owner may prove his damages and receive more than the statutory amount of compensation. … Special laws “ ‘impose a particular burden or confer a special right, privilege or immunity upon a portion of the people of the State.’ ” (Bridgewater v.

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.)

American Service Insurance Company v. China Ocean Shipping Company

Appellate Court of Illinois · Jun 16, 2010

Plaintiff next argues that the trial court ignored the "qualifying language" in section II that excludes COSCO's trailer as an insured under the policy. … The court continued: "Our holding that an insurer cannot discharge its duty to its insured simply by making payments to the claimant to the extent of its policy's limits is clearly supported

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.

People v. Gross

166 Ill. App. 3d 413 · Appellate Court of Illinois · Feb 8, 1988

It was undisputed that the defendant shot and killed Horn, and the only issue to be resolved is whether the State established that he did so with the requisite mental state to support a conviction for murder. … Whether the consent to enter was voluntarily given rather than the result of coercion or duress is a question for the trier of fact and we will not set aside a ruling of the trial court unless it is clearly erroneous.