Case law

Jarrett v. Industrial Commission

156 Ill. App. 3d 898 · Appellate Court of Illinois · Jun 24, 1987

The fact that no one complained did not establish that present and former employees had no similar problems. … There was some dust on the second floor, and dust was clearly present on the third floor. The dust appeared to be grain dust. A bag of phenothiazine was cut open and poured into a barrel.

In Interest of AK

250 Ill. App. 3d 981 · Appellate Court of Illinois · Sep 16, 1993

Clearly, the statutory scheme is ambiguous in regard to the status of one in Randy's position when the presumption of parentage is rebutted. … The present case is clearly one brought under the Act, the Act appropriately resolves this issue, and the Act's definition of "parent" should be applied.

Kernats v. Smith Industries Medical Systems, Inc.

283 Ill. App. 3d 455 · Appellate Court of Illinois · Sep 3, 1996

The application is referred to a panel of qualified experts for study and submission of a report and recommendation respecting approval. 21 U.S.C. § 360e(c)(2) (1988). … Although Congress’ desire to promote the development of medical technology was clearly expressed by the passage of the MDA, its legislative history indicates that "any fears regarding regulatory burdens were related more

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.

People v. Ernsting

2018 IL App (5th) 160330 · Appellate Court of Illinois · Mar 28, 2018

Colvis indicated that he was not qualified to testify regarding how blood in a subject’s mouth might affect the reliability of the results of a breath-alcohol test. … referencing “foreign substances” does not specify that blood is considered a foreign substance. ¶ 18 Following the presentation of the defendant’s evidence, the trial court determined that the defendant had established

In re Parentage of D.S.

2021 IL App (1st) 192257 · Appellate Court of Illinois · Apr 27, 2021

In enacting the Parentage Act, the General Assembly established a “statutory mechanism that serves to legally establish parent and child relationships in Illinois.” … Clearly, such a result would be in contravention of the Parentage Act.

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.”

People v. Streit

193 Ill. App. 3d 443 · Appellate Court of Illinois · Jan 18, 1990

Defendant claimed she was unemployed in order to qualify for the benefits, but she actually held employment during that period. … The record establishes that the court carefully examined the evidence before it when imposing the sentence.

Hardin County Education Ass'n v. Illinois Educational Labor Relations Board

174 Ill. App. 3d 168 · Appellate Court of Illinois · Aug 18, 1988

The court noted the “in part” test ran the risk of immunizing employees engaging in protected activity from otherwise unforgivable conduct once antiunion animus had been established. … Although the District characterizes the conversation as casual because it occurred in a hallway, the record clearly shows St. Onge was on noon hall duty, as was Karraker. Therefore, St.

People v. Lamonica

459 Ill. Dec. 326 · Appellate Court of Illinois · Jul 26, 2021

Jan. 1, 2011), for the purpose of establishing defendant’s state of mind and absence of mistake and as other-crimes evidence to establish propensity under section 115-7.3 of the Code of Criminal Procedure of … Because the similarities were low, E.S.’s allegations were unproven, and the State presented three witnesses to establish the alleged prior bad act, the risk of undue prejudice to defendant clearly outweighed

Roberts v. People

Appellate Court of Illinois · Dec 29, 2000

Second, this court's ruling in Fitzpatrick is clearly a new rule of constitutional dimension. … The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Russell , 183 Ill. 2d at 441 ." Arangold Corp. v.

Close v. Baker

330 Ill. App. 231 · Appellate Court of Illinois · Jan 8, 1947

The will was admitted to probate in the probate court of Cook county on April 12, 1944, at which time Paul Dunham Close, a son, qualified as executor and letters testamentary were issued to him. … As we have held that no life estate, trust or estate of survivorship was established, it is unnecessary to discuss this proposition.

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

In re Marriage of Rife

376 Ill. App. 3d 1050 · Appellate Court of Illinois · Oct 24, 2007

To this end, respondent shall use funds from his employee stock ownership plan to establish a $260,000 IRA in her name. … When we are reviewing a type of decision that the trial court was better qualified to make, we must proceed with due recognition of the trial court's superior vantage point.

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.

Rudd v. The Lake County Electoral Board

60 N.E.3d 979 · Appellate Court of Illinois · Aug 31, 2016

It provides: “A person (i) who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political party or (ii) who voted the ballot of an established … All statutes carry a strong presumption of constitutionality, and to overcome the presumption, the party challenging the statute must clearly establish that it violates the constitution. Bridges v.

Collins v. Northern Trust Co.

391 Ill. App. 3d 882 · Appellate Court of Illinois · May 28, 2009

The standard for the remaining 13 permitted investments has not been established by the statute itself or by an Illinois court. … However, the standard of care required in the general management of a ward’s estate is well established in the State of Illinois.

Fair Employment Practices Commission v. Tenerovitz

25 Ill. App. 3d 471 · Appellate Court of Illinois · Jan 6, 1975

The second requirement for the defendants to qualify for an exemption under the Act is that their institutions must be “owned and conducted by, or affiliated with, a church or religious institution.” (Ill. Rev. … Clearly section 2(d) has exempted such organizations from the provisions of the Fair Employment Practices Act listed in section 3(a) includes discrimination on the basis of race, color, national origin and ancestry.

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.”

City of Chicago v. Illinios Workers Compensation Commission

373 Ill. App. 3d 1080 · Appellate Court of Illinois · May 29, 2007

Given the state of the record, it was incumbent upon claimant to establish that he falls into the odd-lot category. As noted above, claimant may establish odd-lot status in one of two ways. … The Commission, however, found otherwise, and we cannot say that a decision opposite to the one reached by the Commission is clearly apparent.