Case law

Harris v. St. Paul Fire & Marine Insurance

248 Ill. App. 3d 52 · Appellate Court of Illinois · Feb 22, 1993

Because defendant has not appealed the circuit’s court’s finding that plaintiff was an insured under its policy, we take this fact as established. … At the time she was struck by Williams, plaintiff was about to enter the insured vehicle, which qualified her to be an “insured” under defendant’s policy.

People v. Prante

2021 IL App (5th) 200074 · Appellate Court of Illinois · Apr 13, 2021

Edward Pavlec, an orthodontist and Board-certified forensic odontologist, qualified as an expert in forensic odontology. Dr. … The NAS found that no thorough study had been conducted to establish the uniqueness of bite marks and there was no 20 established science indicating what percentage of

People v. Lee

128 Ill. App. 3d 774 · Appellate Court of Illinois · Nov 8, 1984

DeVito, was intended to establish that defendant did not have the mental state necessary for the crime of rape. … V) and clearly forbid the use of such statements in any circumstance other than those specifically set forth. The content of Dr.

Wright v. Board of Trustees, State Universities Retirement System

2014 IL App (4th) 130719 · Appellate Court of Illinois · Jul 18, 2014

The Claims Panel noted as follows: “It has long been established before the Illinois Workers’ Compensation Commission that permanent partial disability benefits begin to accrue immediately … In contrast, questions of law are reviewed de novo [citation], and a mixed question of law and fact is reviewed under the clearly erroneous standard [citations].”

Jones v. Lockard

2011 IL App (3d) 100535 · Appellate Court of Illinois · Sep 8, 2011

The ALJ specifically found, with regard to the timeliness of Lockard’s allegations, that the November 2003 shoulder massage qualified as sexual harassment and that it occurred within the same period that Jones … Illinois has recognized: “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

People v. Leanos

236 N.E.3d 559 · Appellate Court of Illinois · Jun 13, 2023

But not everything that comes out of a detective’s mouth in a custodial setting qualifies as an interrogation. … And that is exactly what the Miranda decision was establishing.

People v. Colon

20 Ill. App. 3d 858 · Appellate Court of Illinois · Jun 20, 1974

But the rule is qualified; it only obtains “Where the evidence is in conflict and there is incompetent and prejudicial testimony in the record * * * ” The record contains sufficient competent evidence to establish Colon’s … The fact that a report contains statements by more than one witness does not alone vitiate its competence, since it may clearly attribute each statement to its source. Such was the case in People v.

MBL (USA) Corp. v. Diekman

112 Ill. App. 3d 229 · Appellate Court of Illinois · Jan 25, 1983

“In order to prevail on a motion for a preliminary injunction a plaintiff must prove that: (1) a clearly ascertained right exists which needs protection; (2) irreparable injury will occur without the protection of an injunction … The agreement would be unenforceable if plaintiff is unable to establish the existence of a protectible business interest.

In Re Estate of Silverman

257 Ill. App. 3d 162 · Appellate Court of Illinois · Dec 21, 1993

He stated that he is presently on the staff of Illinois Masonic Medical Center and that he is qualified for family practice. … Section 2 — 619.1 allowing combined motions requires each part to be clearly labeled. Ill. Rev.

Noakes v. National Railroad Passenger Corp.

Appellate Court of Illinois · Feb 24, 2006

Generally, in Illinois, pure opinion testimony of an expert is admissible if the expert is qualified by knowledge, skill, experience, training, or education in a field that has A 'at least a modicum of reliability' @ and … Our review of the record shows that defendant objected to Cordray's testimony based on lack of foundation for what was clearly medical testimony.

People v. Jennings

Appellate Court of Illinois · Jun 2, 2005

The fact that Kernan was such a professional would not qualify her to do much of anything other than these tasks. … This concurrence clearly is obiter dicta as it relates to Jennings, whose conviction and sentence must be affirmed in light of Bush .

Provenzano v. Illinois Central Railroad

272 Ill. App. 475 · Appellate Court of Illinois · Nov 21, 1933

“It is to "be observed, that a plea which only contains an answer to part of the declaration must be qualified accordingly in the commencement.” (Ib.) … Defendant contends that the verdict of the jury is clearly and manifestly against the preponderance of the evidence.

Beninato v. Human Rights Commission

2021 IL App (1st) 201125-U · Appellate Court of Illinois · Oct 12, 2021

She alleged that she was qualified for the position, and Estèe Lauder hired a less qualified applicant, who was significantly younger than her for the position. … An administrative agency’s factual determinations are against the manifest weight of the evidence only if the opposite conclusion is clearly apparent. Cook County Sheriff’s Office, 2016 IL App (1st) 150718, ¶ 28.

Lard v. AM/FM OHIO, INC.

387 Ill. App. 3d 915 · Appellate Court of Illinois · Jan 16, 2009

The settlement provided that all the insurance proceeds from Epitome, Kyles, Hollins, and Benodin — and any future settlements from other defendants — would be paid to a qualified settlement fund (QSF), established under … Ill.Dec. 258 , 784 N.E.2d 812 (2003) (disproportionally small settlement was in good faith where eight plaintiffs received $1,000 each plus costs from the third-party defendant, a municipality which had claimed absolute immunity

County of Menard v. Illinois State Labor Relations Board

177 Ill. App. 3d 139 · Appellate Court of Illinois · Dec 7, 1988

Findings are against the manifest weight of the evidence when a contrary result is clearly evident. Burnham City Hospital v. Human Rights Comm’n (1984), 126 Ill. App. 3d 999,1002-03 , 467 N.E.2d 635, 637 . … In enforcing the NLRB’s order in Wright Line, the First Circuit Court of Appeals noted the “in part” test ran the risk of immunizing employees from otherwise unforgivable conduct once antiunion animus had been established

People v. Fountain

2016 IL App (1st) 131474 · Appellate Court of Illinois · Nov 17, 2016

Matters of trial strategy are generally immune from claims of ineffective assistance of counsel. Id.; People v. Smith, 195 Ill. 2d 179, 188 (2000). … Therefore, the record clearly establishes defense counsel’s efforts and strategy during the trial and at closing arguments to undermine the State’s DNA evidence by attacking the credibility and the reliability

Jones v. Beck

2014 IL App (1st) 131124 · Appellate Court of Illinois · Sep 26, 2014

Based upon our review of the record, the opinions of Beck and Soden regarding the lack of indication for the use of an NG tube were rather clearly disclosed. … On appeal, this court held that such evidence could not establish sole proximate cause. Id.

Northern Illinois Gas Co. v. Illinois Commerce Comm'n

2024 IL App (3d) 230388-U · Appellate Court of Illinois · Nov 25, 2024

¶ 58 The Act establishes that a utility bears the initial burden of proof to establish that costs were prudently incurred. 220 ILCS 5/9-201(c) (West 2022). … Here, the exhibits establish that these additional expenses were prudently incurred environmental costs.

Serverino v. Freedom Woods, Inc.

Appellate Court of Illinois · Dec 3, 2010

Plaintiff further argued that defendant’s claim of res judicata also failed because it could not establish the first element of “a final judgment on the merits.” … In October 1999, the circuit court granted defendants’ motion to dismiss the negligence count on immunity grounds.

Moushon v. AAA Amusement, Inc.

204 Ill. Dec. 582 · Appellate Court of Illinois · Nov 3, 1994

He admitted he had also gambled on video machines at the Fleetwood and "various establishments" and that he had a problem with alcohol. … The jury *1207 could have concluded that Moushon included in her total of losses at places where the Franks were involved money she actually lost at other establishments.