Case law

People v. M.S.

247 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 14, 1993

Defendant maintains that the totality of all the relevant circumstances clearly shows that he was psychologically coerced into making the incriminating statement. … We do not believe that, due to the inexperience of youth, minors should be immune from interrogation and protected from their own incriminating statements if those statements were given voluntarily.

Journal Co. of Troy v. F. A. L. Motor Co.

181 Ill. App. 530 · Appellate Court of Illinois · Jun 30, 1913

company or surety company; that it is and was at the time this suit was brought doing business within the State of Illinois and not organized or existing under and by virtue of the law of the State of Illinois, or properly qualified … While the evidence referred to tended slightly to establish appellant’s contention standing by itself, it has but little probative force.

Illinois Wood Energy Partners, L.P. v. County of Cook

281 Ill. App. 3d 841 · Appellate Court of Illinois · Nov 3, 1995

In his letter, Burney expressed plaintiffs’ need for a definitive decision from the county that their proposed facility qualified as a power plant, an enumerated permitted use in the 1-3 district. … Consequently, the undisputed evidence established that the letter of February 19, 1993, was a forgery.

Tom Geise Plumbing, Inc. v. Taylor

335 Ill. Dec. 145 · Appellate Court of Illinois · Nov 10, 2009

The court concluded the evidence established the primary use of the building was residential use. … to qualify as “home repair and remodeling.”

Cohs v. Western States Insurance

329 Ill. App. 3d 930 · Appellate Court of Illinois · May 7, 2002

Instead, this language clearly applies to the liability of the driver using the under-insured motor vehicle. Here, that vehicle was the one driven by Victor Cerón. … Additionally, Cohs’ affidavit and deposition testimony establish the existence of a nexus between Cohs and the insured vehicle.

People v. Agpawa

2018 IL App (1st) 171976 · Appellate Court of Illinois · Aug 24, 2018

As the circuit court noted in its written order, “[f]elony fraud offenses clearly implicate issues of common honesty and decency, and therefore constitute ‘infamous crimes’ as long defined under Illinois law … General Assembly by law shall define permanent residence for voting purposes, insure secrecy of voting and the integrity of the election process, and facilitate registration and voting by all qualified

Egidi v. Town of Libertyville

218 Ill. App. 3d 596 · Appellate Court of Illinois · Sep 6, 1991

One case cited by the Mills court clearly demonstrates the ineffectiveness of the kinds of cases on which defendant relies. In Beckett v. … These facts lead us to believe that the asserted easements would give the Township the level of control envisioned by the Act as necessary to qualify a less than fee interest as open land.

Balmoral Racing Club, Inc. v. Topinka

Appellate Court of Illinois · Sep 30, 2002

They claim that the reference to "current year" meant the year the statute became effective; in this case, 1999, "immediate" meant that the qualify-ing racetracks were entitled to the credit immediately upon the statute's … Clearly, the legislature did not intend for the pari-mutuel tax credit to apply only to the pari-mutuel tax when it specifically stated the pari-mutuel tax was not to become effective until January 1, 2000, but did not make

Scarpelli v. McDermott Will & Emery LLP

426 Ill. Dec. 821 · Appellate Court of Illinois · Jun 27, 2018

¶ 18 Operationally, the litigation privilege affords an attorney complete immunity with respect to the communications he makes. Popp, 313 Ill. … App. 3d at 642 (it affords complete immunity); accord Atkinson, 369 Ill. App. 3d at 832 (it is an absolute privilege).

People v. Aleman

313 Ill. App. 3d 51 · Appellate Court of Illinois · Mar 31, 2000

In exchange, Almeida was given immunity from prosecution for Logan’s murder. … Here, the evidence of the bribe, although prejudicial, was clearly probative and relevant to show defendant’s consciousness of guilt.

In Re Marriage of Rizzo

95 Ill. App. 3d 636 · Appellate Court of Illinois · Apr 16, 1981

Again, our study of the record fails to establish respondent’s claim. The trial was of a seriously contested nature. Charges and counter-charges, one against the other, abound. … Twelve witnesses, including two highly qualified psychologists testified in the proceedings concerning custody. An abundance of testimony was elicited from the parties and the witnesses.

People v. Pastorino

90 Ill. App. 3d 921 · Appellate Court of Illinois · Nov 20, 1980

She invoked her fifth amendment right against self-incrimination and, after being given immunity by the State, still refused to testify. … The requirements for calling a court’s witness are clearly stated in Crespo v. John Hancock Mutual Life Insurance Co. (1976), 41 Ill. App. 3d 506 , 354 N.E.2d 381 .

Indeck North American Power Fund, L.P. v. Norweb PLC

316 Ill. App. 3d 416 · Appellate Court of Illinois · Jun 30, 2000

Both purchase agreements in their “ASSIGNMENT AND ASSUMPTION OF PARTNERSHIP INTEREST” clauses preceding the signature lines clearly and expressly stated, however, that they were being entered into “pursuant to the [Mission-Norweb … “[T]he right to indemnification depends only on establishing that the warranty was breached.” CBS, 75 N.Y.2d at 503-04 , 553 N.E.2d at 1001 .

McArdle v. Great American Indemnity Co.

314 Ill. App. 455 · Appellate Court of Illinois · May 14, 1942

MeArdle, says that he is now and for many years past, has been a duly qualified licensed Attorney at Law, practicing in the City of Chicago, County of Cook and State of Illinois. “2, That on December 16, 1930, he was employed … Plaintiff states that at all times during the pendency of said proceeding to establish the lien defendant knew of said proceedings.” Defendant contends: “A.

Garland v. Sybaris Clubs International, Inc.

2019 IL App (1st) 180682 · Appellate Court of Illinois · Aug 29, 2019

Turek was not qualified to serve as PIC on the accident flight he had a duty to insure that Mr. Knudson was qualified to serve as PIC. … Levinson was a Certified Flight Instructor, and as such, clearly understood currency requirements.

People v. Johnson

2019 IL App (1st) 153204 · Appellate Court of Illinois · Oct 8, 2020

The decisions on what evidence to present and which witnesses to call rest with trial counsel and are generally immune from claims of ineffective assistance of counsel, as they are matters of trial strategy. … Clearly, if, as Johnson now contends, his trial lawyer was ineffective for failing to investigate this witness, Johnson had available to him the information necessary to include that claim in his initial or

In Re Marriage of Carney

122 Ill. App. 3d 705 · Appellate Court of Illinois · Mar 19, 1984

In the case at bar, the trial court clearly failed to divide the property in “just proportions” pursuant to the above requisite factors. … Instead, William, who was not qualified as an expert, testified that the home’s value was $167,000.

Northbrook Bank & Trust Co. v. Abbas

2018 IL App (1st) 162972 · Appellate Court of Illinois · Jul 31, 2018

Galus’s testimony established that he personally managed the loan on behalf of plaintiff. … These actions clearly fall within the “workout” language of the fee-shifting provision.

Village of Niles v. City of Chicago

201 Ill. App. 3d 651 · Appellate Court of Illinois · Jul 26, 1990

App. 3d 494, 499 , 375 N.E.2d 553 (for a judgment to be against the manifest weight of the evidence an opposite conclusion must be clearly apparent). … The trial court found “Cecil’s error was clearly evidenced by the fact that his calculations resulted in deficits and negative ‘margins’ in some years.”

Medina v. City of Chicago

238 Ill. App. 3d 385 · Appellate Court of Illinois · Nov 18, 1992

Reviewing the factual determinations of the jury, the court ruled that its verdict was not clearly erroneous. (Pleasant, 895 F.2d at 275 .) … verdict does not disarm the arresting officer, obscure the qualitative difference between negligence and willful and wanton misconduct, or undermine the protections of the Local Governmental and Governmental Employees Tort Immunity