Case law

People v. Douglas

356 Ill. Dec. 486 · Appellate Court of Illinois · Nov 23, 2011

Allegations based on established facts should be "liberally construed and taken as true." People v. … We find the supposed telephone call from a taxi driver qualifies as a "fanciful factual allegation."

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.

People v. Montague

182 Ill. App. 3d 737 · Appellate Court of Illinois · Apr 25, 1989

It is firmly established that the admission of the photos of a murder victim is within the sound discretion of the trial court (People v. … The State appealed and the appellate court found that the defendant did not qualify for protection under the 180-day rule.

Gorman-Dahm v. BMO Harris Bank, N.A.

94 N.E.3d 257 · Appellate Court of Illinois · Jan 17, 2018

¶ 28 The Ringier court noted the existence of a narrow class of cases in which an absolute privilege provides complete immunity from civil action for statements made in the course of litigation, even though the statements … ¶ 35 Plaintiff argues that, even if the filing of the sheriff’s deed was subject to a privilege, the privilege should be qualified and not absolute. Plaintiff relies upon Kurtz v.

People v. Dickerson

2025 IL App (4th) 250143-U · Appellate Court of Illinois · May 14, 2025

In order to establish that a defendant should be detained prior to a conviction, the State must prove by clear and convincing evidence that (1) the defendant has committed a qualifying offense; (2) the defendant poses a … This clearly presented a significant threat of “great bodily harm or permanent disability of disfigurement” to the child.

People v. Nestrock

306 Ill. App. 3d 216 · Appellate Court of Illinois · Jul 15, 1999

Now, we established why because of your family life, you know, and your new found friend, illness, what have you.” Defendant again responded “yes.” … Clearly, there were reasons for the State to mention Cornerstones.

People v. Post

2025 IL App (4th) 250598 · Appellate Court of Illinois · Sep 22, 2025

The State pointed out defendant’s testimony did not establish a change in circumstances, other than defendant’s assertion that “his mother would watch him 24/7. … Further, a party may not simply “dump the burden of argument and research” on the reviewing court; rather, a reviewing court is “entitled to have the issues clearly defined and to be cited pertinent authority.”

Illinois Bell Telephone Co. v. Allphin

95 Ill. App. 3d 115 · Appellate Court of Illinois · Mar 25, 1981

Specifically, the first sentence of this section imposes the tax and it clearly does not impose a tax on all revenues from the transmission of messages. … As discussed herein, the record manifests that these allegations are established by the evidence.

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.

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.

Snowstar Corp. v. A&A Air Conditioning & Refrigeration Service, Inc.

249 N.E.3d 999 · Appellate Court of Illinois · May 23, 2024

App. 3d 20, 26 (2008), A&A claims an offer of proof was not required because the record showed the court “clearly understood” the nature and character of the evidence it sought to introduce. We disagree. … “Foundation” is defined as “evidence or testimony that establishes the admissibility of other evidence.” Black’s Law Dictionary (11th ed. 2019).

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: “. . .

De Kalb Bank v. Purdy

166 Ill. App. 3d 709 · Appellate Court of Illinois · Feb 11, 1988

The complaint also alleged that plaintiff had obtained qualified appraisals which indicated the subject security was valued at $1 million less than the debts secured to plaintiff and two senior liens, all of which were currently … App. 3d 433, 441 , 464 N.E.2d 651, 657 (it has long been established that a mortgagor has no right to do any act which would impair the security of the mortgage).)

In re Marriage of Reynard

Appellate Court of Illinois · Dec 18, 2003

Finally, the court determined each party is entitled to 50% of the other's retirement benefits to be paid through a QILDRO (qualified Illinois domestic relations order). … Mary Anne was clearly entitled to additional maintenance. She contributed and sacrificed 33 years of her life as wife, mother, and campaign worker.

D.H. v. Chicago Housing Authority

319 Ill. App. 3d 771 · Appellate Court of Illinois · Mar 1, 2001

Finally, even assuming defendants could establish, by utilizing unprivileged material, that a mentally impaired sibling was not exposed to lead, defendants would still have to establish that any such impairment was not the … (West 1998)), access to school student records is limited, and unless a party qualifies for their release under one of several statutory exceptions, access will be denied.

Decatur Sports Foundation v. Department of Revenue

177 Ill. App. 3d 696 · Appellate Court of Illinois · Dec 28, 1988

In order to qualify for exemption, the Foundation must prove the property was owned by a charitable organization and used exclusively for charitable purposes. (Coyne Electrical School v. … The Foundation has clearly and conclusively shown its eligibility for exemption during the tax year 1985. Accordingly, we affirm the decision of the circuit court of Macon County. Affirmed. LUND and SPITZ, JJ., concur.

People v. Williams

2020 IL App (1st) 163417 · Appellate Court of Illinois · Dec 29, 2020

Since the parties stipulated at trial that he had been convicted of two qualifying offenses, the issue at trial concerned the element of possession. … However, the prosecutor’s use of “my” and “his” was clearly argument, drawing reasonable inferences from the testimony.

Chicago Food Management, Inc. v. City of Chicago

163 Ill. App. 3d 638 · Appellate Court of Illinois · Nov 24, 1987

In each of its contracts CFM clearly recognized that its authority to continue operations would be terminated should PBA’s authority with regard to the vending machines be withdrawn. … In order to invoke equitable estoppel against a municipality a party must establish that there was an affirmative act of the municipality qua municipality upon which the party substantially relied.

People v. Dalton

98 Ill. App. 3d 902 · Appellate Court of Illinois · Jul 31, 1981

or (b) whose environment is injurious to his welfare or whose behavior is injurious to his own welfare or that of others. (2) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying … The psychiatric testimony presented in this case conclusively established that the children had suffered grievous physical and psychological harm while résiding with respondent and Mr. Dalton.

Stone v. Paddock Publications, Inc.

356 Ill. Dec. 284 · Appellate Court of Illinois · Nov 17, 2011

Doe also contends that the challenged comments were immunized by the Citizen Participation Act (735 ILCS 110/1 (West 2008)). We reverse. ¶ 2 I. … Do some of your own research on your wonderful candidate and you'll quickly discover that she is NOT QUALIFIED to be a trustee.