Case law

Goodrich Corp. v. Clark

361 Ill. App. 3d 1033 · Appellate Court of Illinois · Oct 31, 2005

Goodrich argues if an order to produce an FOIA index is enough to qualify as an injunction, then any administrative or discovery order would qualify for an immediate interlocutory appeal. … “Nonexamination” Records The Division failed to come forward with any evidentiary material to establish a question of fact.

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.

Aulwurm v. Board of Education

43 Ill. App. 3d 963 · Appellate Court of Illinois · Nov 17, 1976

The evidence clearly indicates that the recipients of the awards were juniors and seniors at the school. … The evidence also establishes that other teachers turned in blank forms because they had insufficient knowledge of which student to nominate.

Shicheng Guo v. Kamal

2020 IL App (1st) 190090 · Appellate Court of Illinois · Oct 30, 2020

The motion argued that plaintiff failed to establish that Dr. … Larkins stated that a reasonably qualified physician would have obtained and reviewed the Swedish Covenant CT images and would have relied on those images to admit and treat Bao for a brain bleed.

Jacobs v. Yellow Cab Affiliation, Inc.

2017 IL App (1st) 151107 · Appellate Court of Illinois · May 18, 2017

The yellow paint and logos would be affixed by a “qualified shop” rather than by YCA. … Regulations about vehicle appearance helped make cabs uniform and clearly identifiable as cabs to Chicago consumers.

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

Aardema v. Fitch

Appellate Court of Illinois · Aug 22, 1997

No action will be dismissed on a motion pursuant to section 2-615 for failure to state a cause of action unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to relief … Collection of the withheld *** taxes is achieved when the [IRS's] right to retain the amount collected is established." Internal Revenue Manual, P-5-60, MT 1218-216.

Lakehead Pipeline Co. v. Illinois Commerce Commission

296 Ill. App. 3d 942 · Appellate Court of Illinois · Jul 16, 1998

established. … The appellant must show that the opposite conclusion is clearly evident. Illinois Bell, 282 Ill. App. 3d at 679 , 669 N.E.2d at 632 .

Redmer v. Hakala

344 Ill. App. 25 · Appellate Court of Illinois · Aug 1, 1951

or even a petition filed therefor, the county court entered an order, of which none of the interested parties were apprised, reciting that each and every person or corporation named in the will as executor has failed to qualify … The testator’s intent with reference to United Precision Products Company is clearly manifested in the following provision: “. . .

People v. Turner

2018 IL App (1st) 170204 · Appellate Court of Illinois · Apr 27, 2018

. ¶ 32 The defense proceeded to call Suzanne Perry, an analytic chemist, who was qualified as an expert in gas chromatography and forensic toxicology. … However, our conclusion in this case is not inconsistent, as Eubanks is clearly distinguishable under its particular facts.

In Re Marriage of Hilkovitch

124 Ill. App. 3d 401 · Appellate Court of Illinois · May 24, 1984

This action clearly qualifies as a dissipation of marital assets for which Dennis will be held accountable in the property division. (Klingberg v. Klingberg (1979), 68 Ill. App. 3d 513 , 386 N.E.2d 517 .) … The decision of the trial court was clearly within its discretion.

McArdle v. City of Chicago

172 Ill. App. 142 · Appellate Court of Illinois · Aug 12, 1912

and responsibilities and added professional attainments, as well as his faithful service in said laboratory and the efficiency to which he had brought it, in an increase of salary, and your petitioner having theretofore qualified … Change of Compensation: Increasing the compensation of any position in the classified service, whereby the grade of such position as established by the classification is changed, whether done by ordinance or otherwise, shall

Elliott v. Sharp

65 Ill. App. 3d 945 · Appellate Court of Illinois · Nov 20, 1978

The rule was qualified, however, in that such fees are not to be awarded prospectively. … Sue Sharp Elliott is clearly a “party” to the prior dissolution proceeding, and we hold that she may properly initiate the subsequent proceeding to modify. We would hasten to add what we do not hold.

People v. Trice

77 N.E.3d 1095 · Appellate Court of Illinois · Mar 31, 2017

In establishing the first prong, a defendant must overcome the presumption that counsel's conduct was the result of trial strategy and thus generally immune from an ineffectiveness claim. … This case, however, does not qualify for disposition by opinion because it does not establish a new rule of law, does not modify, explain or criticize an existing rule of law, and does not resolve

South Side Trust and Savings Bank of Peoria v. Mitsubishi Heavy Industries

Appellate Court of Illinois · Mar 31, 2010

Plaintiff’s complaint clearly conveys that Air 1st’s duty of care arose from its actions as the seller of the plane. … The FAA approved those bulletins and thus was clearly aware of the problem.

In Re JJ

327 Ill. App. 3d 70 · Appellate Court of Illinois · Dec 24, 2001

A judgment is against the manifest weight of the evidence only when an opposite conclusion is clearly apparent. In re C.N., 196 Ill.2d 181, 208 , 256 Ill.Dec. 788 , 752 N.E.2d 1030 (2001). … We find that the trial court did not err in determining that his education alone qualified him as an expert in psychology.

Management Recruiters of O'Hare, Inc. v. Process & Environmental Equipment Unlimited, Inc.

137 Ill. App. 3d 513 · Appellate Court of Illinois · Oct 8, 1985

Said the judge: “Now, in order to look for executives they [Management Recruiters] must, in my opinion, qualify in that they are providing for consideration to the defendant an executive or professional ***. … Clearly, the trial judge properly found that the sales position involved here was not an “executive” position.

People v. Summers

12 Ill. App. 3d 893 · Appellate Court of Illinois · Jun 14, 1973

In any event, the record clearly reveals that defendant was not prejudiced by the action of the court. The trial was brief, and the issues were not complex. … We consider it unnecessary to reach the issue of whether the instant preparation sheet qualified as a statement to be furnished to defendant for impeachment purposes.

People v. Markiewicz

2025 IL App (2d) 230314-U · Appellate Court of Illinois · May 19, 2025

We are “entitled to have issues clearly defined with pertinent authority cited and coherent arguments presented; any arguments inadequately presented are forfeited.” People v. Hui, 2022 IL App (2d) 190846, ¶ 52. … to establish prejudice under Strickland.

People v. Lopez

152 Ill. App. 3d 667 · Appellate Court of Illinois · Feb 6, 1987

Hearsay is defined as testimony of an out-of-court statement offered to establish the truth of the matter asserted therein and resting for its value upon the credibility of the out-of-court asserter. (People v. … For testimony to qualify as a spontaneous declaration, three factors must be present: (1) an occurrence sufficiently startling to produce a spontaneous and unreflecting statement; (2) absence of time to fabricate; and (3)