Case law

Dow v. Columbus-Cabrini Medical Center

211 Ill. Dec. 341 · Appellate Court of Illinois · Aug 30, 1995

We find, therefore, that the standards for establishing the existence of binding contractual rights under Duldulao have been satisfied. … There is clearly an inconsistency where, under two related policies which make reference to one another, a terminated employee is considered "retired" for some purposes but denied the status for others.

Solomon v. Scholefield

2015 IL App (1st) 150685 · Appellate Court of Illinois · Apr 2, 2015

For this additional reason, the Board determined that Solomon was not qualified for the position. … burden to establish any impropriety in Solomon's nominating papers.

People v. Jenkins

88 Ill. App. 3d 719 · Appellate Court of Illinois · Sep 19, 1980

In fact, the State’s evidence tended to establish that defendant had sufficient time to commit the crime, even using the time periods most favorable to defendant. … In viewing all the evidence, we note that the jury was clearly not obligated to believe defendant’s alibi evidence. (People v. Clark (1972), 52 Ill. 2d 374, 387 , 288 N.E.2d 363, 370 .)

Simmons v. Garces

Appellate Court of Illinois · Feb 7, 2001

Garces possessed the skill and met the standard of care of reasonably well trained and qualified practitioners practicing in the same or similar circumstances. … To prevail, plaintiffs must establish the opposite conclusion was clearly evident or the special finding was unreasonable and not based on any evidence. Morton v. City of Chicago , 286 Ill.

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. Peel

2018 IL App (4th) 160100 · Appellate Court of Illinois · Feb 4, 2019

decided to test-fire a Smith & Wesson 9-millimeter semiautomatic handgun in his front yard sometime after 8 p.m. on the evening of February 13, 2014, because his girlfriend was going to be using it while qualifying … This was clearly a matter of credibility, and the triers of fact are allowed substantial deference on review. See People v.

In re Marriage of Hundley

2019 IL App (4th) 180380 · Appellate Court of Illinois · Jun 28, 2019

This is also why the Act gives immunity to any payor who complies with a withholding notice that is “regular on its face.” … The Act grants immunity to payors who comply with incorrect withholding notices so long as they are regular on their face. Id. § 35(c).

Naptuno-Treuhand-Und Verwaltungellschaft MBH v. Arbor

Appellate Court of Illinois · Mar 13, 1998

The first issue on appeal is whether plaintiffs' complaint contained factual allegations sufficient to establish a cause of action for fraudulent misrepresentation. … Here, plaintiffs' own factual allegations establish that plaintiffs' alleged reliance was unreasonable as a matter of law.

People v. Irvine

379 Ill. App. 3d 116 · Appellate Court of Illinois · Jan 31, 2008

Illinois courts are guided by established rules of statutory construction. … The law of ineffective assistance of counsel is well established.

Chicago City Railway Co. v. Shreve

128 Ill. App. 462 · Appellate Court of Illinois · Oct 8, 1906

Moyer examined appellee for the sole purpose of qualifying as a witness upon the trial. … The answer of each juror clearly showed that the verdict was, when signed, and at the time of the polling, the verdict of each juror.

People v. Horton

2017 IL App (1st) 142019 · Appellate Court of Illinois · Jul 14, 2017

Absher, 242 Ill. 2d 77 (2011)), and the decision of the trial court is not clearly erroneous and should be affirmed. People v. Williams, 161 Ill. 2d 1 (1994). … Clearly one can possess a gun that has not been stolen. One can possess a gun and not own it.

People v. Jones

2020 IL App (4th) 190909 · Appellate Court of Illinois · Sep 15, 2020

Also, she had received immunity from the federal government in exchange for testifying truthfully in this case. … Callaway’s testimony added to Giovanelli’s by establishing a chain of custody, which is important in drug cases.

Smith v. Chicago Park District

207 Ill. Dec. 243 · Appellate Court of Illinois · Feb 8, 1995

risk of harm; and (3) whether the alleged facts are sufficient to establish that defendant breached its duty to warn. … Thus, even if I were to concede that the defendant failed to act with reasonable care, the facts do not establish the kind of ill will, intention to cause harm or conscious indifference to the safety of plaintiff to establish

Illinois Council of Police v. Illinois Labor Relations Board

Appellate Court of Illinois · Dec 19, 2008

July 22, 2004), which permitted “qualified law enforcement officers” and “qualified retired law enforcement officers” to carry concealed firearms. … We find that as between the two, the clearly erroneous standard is more appropriate.

In re N.C.

993 N.E.2d 134 · Appellate Court of Illinois · Jul 25, 2013

At the conclusion of the hearing, the trial court granted the State’s motion, finding that based on the DNA results “there clearly was a mistake of fact in that [Alfred] is not the biological father.” … See In re S.B., 2012 IL 112204, ¶ 28 (although a court should be cautious about reading words into a statute, it will not hesitate to read into a statute a qualifying or expanding expression plainly implied

Smith v. City of Evanston

260 Ill. App. 3d 925 · Appellate Court of Illinois · Mar 22, 1994

In view of the itemized verdict specifically including $0 for disability, the record does not show that the jury clearly intended to award plaintiff any amount for disability, nor does the record show that the jury clearly … We hold that the trial court did not clearly abuse its discretion by granting the motion for a new trial.

Douthart v. Congdon

98 Ill. App. 487 · Appellate Court of Illinois · Nov 26, 1901

Where a party alleges that his written promise is invalid, because founded in part upon an illegal consideration, the burden of establishing such contention is upon him; and most certainly where a promisor, in endeavoring … The statute entitled “ Dram-shops,” is highly penal, and clearly forbids the selling of liquor without the obtaining of a license. It is not merely a revenue act.

People v. Campbell

Appellate Court of Illinois · Jul 26, 2002

In criminal cases, application of the tacit-admission rule has been restricted and "such evidence should be received with caution and only when the conditions upon which it becomes admissible are clearly shown to exist." … There is no evidence establishing a time line of events that night after the assailants fled the scene, other than the phone records presented by the State.

Bass v. SMG, INC.

328 Ill. App. 3d 492 · Appellate Court of Illinois · Feb 26, 2002

The Valero court found that the defendant’s scheme to make the purchases illegal by failing to qualify as a purchaser under Texas state regulations, although tortious, was directly related to the plaintiff’s rights under … In its appellate brief, SMG discussed its contention that Bass had standing only to bring derivative claims on behalf of IC because he could not establish individual damages distinct from those suffered by IC.

Cincinnati Tool Steel Co. v. Breed

136 Ill. App. 3d 267 · Appellate Court of Illinois · Aug 14, 1985

In order to obtain a preliminary injunction prohibiting defendant’s disclosure of confidential information, plaintiff was required to establish it possessed a certain and clearly ascertainable right which needed protection … This admission is too qualified and conjectural to establish that defendant retained confidential pricing information.