Case law

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 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.

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.

In re Cari B.

Appellate Court of Illinois · Feb 1, 2002

; evidence; determination of damage to child No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … Clearly the communications and attempts to monitor respondent's services out of state by Family Advocate establish by a preponderance of the evidence the active efforts required by the ICWA.

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

People v. Madison

Appellate Court of Illinois · Oct 11, 2002

The supreme court reversed Chandler's conviction, noting: "Although defense counsel was faced with a difficult case, his performance was clearly deficient. … (West 1998)), nonetheless constituted a crime that qualified a person for commitment as a sexually violent person. In re Detention of Lieberman , slip op. at 9-13.

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.

Community Health Care, Inc. v. Department of Revenue

307 Ill. Dec. 519 · Appellate Court of Illinois · Dec 18, 2006

ANALYSIS “To determine whether the clinics are eligible for a property tax exemption under section 15 — 65, we use the test established in Methodist Old Peoples Home v. Korzen, 39 Ill. 2d 149 , 233 N.E.2d 537 (1968). … The decision of the administrative agency should not be overturned unless it is clearly erroneous. Lutheran Church of the Good Shepherd of Bourbonnais v. Department of Revenue, 316 Ill.

Jones v. Chicago HMO Ltd. of Illinois

301 Ill. App. 3d 103 · Appellate Court of Illinois · Nov 12, 1998

Raglin and Petrovich stand for the proposition that while HMOs are not immune from civil prosecution for malpractice, some recognized legal theory must be satisfied before liability can attach. … Count II — “Vicarious Liability” The evidence clearly establishes Dr. Jordan was an independent contractor. While Chicago HMO did conduct some review of the quality of care given, Dr.

People v. Deloney

Appellate Court of Illinois · Jun 30, 2003

In addition, we note that even if the letter could qualify as "new," it is not of such a conclusive nature that it would likely change the outcome at trial and it would only bear on the sufficiency of the evidence. … Decisions on what evidence to present and which witnesses to call on a defendant's behalf rest with trial counsel and, as matters of trial strategy, are generally immune from claims of ineffective assistance of counsel.

City of Highland Park v. Bryan

2019 IL App (2d) 180662 · Appellate Court of Illinois · Aug 12, 2019

“Clearly, unless the sworn report indicates to the Secretary the date upon which notice of suspension was given, the Secretary would be unable to impose the suspension 46 days later.” Palacios, 266 Ill. … The statutory grounds for the petition are limited to whether (1) the person was lawfully arrested for a qualifying offense, including DUI, (2) the arresting officer had reasonable grounds to believe that the

Peoria-Tazewell Pathology Group, S.C. v. Sutkowski Law Office, Ltd

2022 IL App (3d) 200245-U · Appellate Court of Illinois · Mar 24, 2022

Those monetary damages must be affirmatively established by the aggrieved client and are never presumed. Id. (citing Eastman, 188 Ill. 2d at 411; Griffin v. Goldenhersh, 323 Ill. … group, which partly caused the loss of the Pension Plan’s tax-qualified status.

Lancaster v. Prussing

139 Ill. App. 33 · Appellate Court of Illinois · Oct 28, 1907

Among those parties are the plaintiffs in error, and as to them it stands fast and firm, alike immune from either direct or collateral attack. … Failing so to do, the decree concludes them from now availing of that defense, which we have clearly shown is without legal force or merit.

Brannen v. Seifert

2013 IL App (1st) 122067 · Appellate Court of Illinois · Jan 23, 2014

The statute’s requirements were clearly met in this case. … Specifically, defendants argue that plaintiffs failed to establish at trial that the LeFevours were solvent. ¶ 61 In order to sustain an action of legal malpractice, a plaintiff must establish facts supporting

Ohle v. Neiman Marcus Group

2016 IL App (1st) 141994 · Appellate Court of Illinois · Jan 6, 2017

The trial court found that “[t]he undefined term access is broad and defined without limiting or qualifying language in terms of the type or time of access. … As clearly indicated by Representative Franks and Senator Harmon, the legislative purpose behind the Act is to help those who have fallen on hard times find employment, and the Act does not apply to those

People v. Shinohara

375 Ill. App. 3d 85 · Appellate Court of Illinois · Jun 29, 2007

“The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified.” … Defendant contends that the spreadsheet was inadmissible because “it is clearly a police report.”

Stenstrom Petroleum Services Group, Inc. v. Mesch

Appellate Court of Illinois · Sep 7, 2007

The trial court found that Stenstrom failed to establish a likelihood of prevailing on the merits of its Trade Secrets Act claim against Mesch "and/or" that it failed to establish that there is no adequate legal remedy … Information that is generally known or understood within an industry, even if not known to the public at large, does not qualify as a trade secret. Learning Curve Toys, Inc. v.

Martinet v. International Harvester Co.

53 Ill. App. 3d 213 · Appellate Court of Illinois · Sep 12, 1977

It must be emphasized that “to establish liability in strict tort it is not sufficient that the plaintiff prove the product was dangerous; he must prove that it was unreasonably dangerous, or in other words not reasonably … Plaintiff clearly testified that he knew the tracks were slippery, that if the gear shift lever was in reverse and the clutch was then engaged, the tractor would begin to move, and that if he stood on the track and the track

Brennan v. Wisconsin Central Limited

227 Ill. App. 3d 1070 · Appellate Court of Illinois · Apr 23, 1992

Because Lippman is not a legal expert, he is not qualified to testify as to the legal applicability or legal substance of ICC standards. … Such evidence is insufficient to establish that Koepke and/or Callaway breached their duty to maintain a proper lookout.

People v. Rich

2025 IL App (1st) 230818 · Appellate Court of Illinois · Aug 12, 2025

¶ 13 Sergeant Robert Franks was qualified as an expert in the field of latent print preservation and recovery. … “To overcome this presumption, the party challenging the statute must clearly establish that it violates - 17 - No. 1-23-0818 the constitution.” People v.