Case law

People v. Dixon

Appellate Court of Illinois · Nov 23, 1999

All statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the challenger, who must clearly establish a constitutional violation. Arangold Corp. v. … (West 1994 & Supp. 1995)) and establishes immunity for individuals who collect blood or urine for eviden tiary purposes at the request of a law enforcement officer (Pub. Act 89-689, §70, eff.

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.

Hyatt Corp. v. Sweet

230 Ill. App. 3d 423 · Appellate Court of Illinois · May 22, 1992

Both sides maintained that section 2(e) of the Act was unambiguous; the plaintiff argued that its service charges were clearly exempt under the statute, and the Department argued that the charges just as clearly were not … Accordingly, a service charge must meet three requirements in order to qualify for the exemption. First, it must be mandatory. Second, it must be separately stated on the customers’ bills.

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

People v. Sulton

334 Ill. Dec. 227 · Appellate Court of Illinois · Oct 15, 2009

Stat. 1983, ch. 38, par. 1005— 9 — 1(c)) in conjunction with section 9.1 of ‘An Act to establish the Illinois Local Government Law Enforcement Officers Training Board ***’ (Ill. Rev. … Had the legislature clearly intended to exclude section 411.2 from such credits, the legislature could have specifically made such an exclusion. (See, e.g., 725 ILCS 240/10(c) (West 1992).)

Local Union NOS. 15 v. Illinois Commerce Comm'n.

Appellate Court of Illinois · Jun 20, 2002

customers in an electric utility's service area that are eligible to take delivery services under this Act; (4) That the applicant will comply with such informational or reporting requirements as the Commission may by rule establish … The Commission agreed with WPS that petitioners' proposed construction "is contrary to the plain language of Section 16-115(d)(5) and would afford no meaning to the qualifying term 'physically and economically delivered.'

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.

Town of Hudson v. Carrithers

201 Ill. App. 153 · Appellate Court of Illinois · Apr 21, 1916

rights of the public to travel over said highway in the usual and customary manner. ’ ’ The other instructions mentioned announce the same principles stated in the first and fifth instructions in various different ways and qualify … used by a telephone company and the latter occupies that portion so specified, it will not be liable to a penalty for obstructing the highway, but if the commissioners have not specified what portion may be so used, “it clearly

People v. Cundiff Opinion text corrected

Appellate Court of Illinois · Jun 7, 2001

2) Appointment of experts qualified to assist a defendant who because of a disability is unable to understand the proceedings or communicate with his or her attorney. … Clearly, the plain language of the statute establishes that section 104-22 applies to cases where more than medication is needed to make a defendant fit to stand trial.

People v. Mustonen

2022 IL App (1st) 210574-U · Appellate Court of Illinois · Sep 14, 2022

The trial court granted the motion, and Smado was granted use immunity. … These instructions – coupled with counsels’ arguments – clearly warned jurors that they should view Daniel’s testimony with suspicion.

Nestler v. Pure Silk Hosiery Mills

242 Ill. App. 151 · Appellate Court of Illinois · Oct 13, 1926

Some argument is made that the use of the phrase, “subject to confirmation of details as to packing, colors, etc.” related back and qualified what had gone before. … Further, from the correspondence above set forth, it is clearly shown that both parties recognized the contract as having been made ande as binding.

Geesbreght v. Geesbreght

63 Ill. App. 3d 37 · Appellate Court of Illinois · Jul 28, 1978

Concerning the granting and/or dissolution of a temporary restraining order, it is provided that: “No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific … Having failed to establish an Illinois domicile for herself, she could not change her children’s domicile.

Shelton v. Country Mutual Insurance

161 Ill. App. 3d 652 · Appellate Court of Illinois · Sep 22, 1987

The exhaustion clause in no way conditions when a suit can be filed against Country Mutual, but instead qualifies only when it will pay a claim. … In other words, the exhaustion clause establishes that the insurer agrees to pay the policyholder underinsured motorist benefits only after the third party’s liability limits have been exhausted, but has no effect on when

People v. McKenzie

2024 IL App (4th) 231063-U · Appellate Court of Illinois · Jan 8, 2024

Defense counsel contended the State failed to establish both great bodily harm from the alleged arson and the requisite dangerousness for detention. … The court’s written order clearly identified the “nature of [the] charges” and the “history [and] characteristics of defendant” as reasons for finding less restrictive conditions could not assure community safety.

Mesich v. Austin

70 Ill. App. 2d 334 · Appellate Court of Illinois · May 5, 1966

Against this, the defendant under stipulation introduced eight photographs which clearly indicated that from the elevated seat of a truck the view was unobstructed. … Greyhound Corp., 33 Ill2d 83, 210 NE2d 562 (1965) also referred to in the majority opinion, in no way qualifies what the Supreme Court did in the Tucker and Carter cases.

People v. Edwards

301 Ill. App. 3d 966 · Appellate Court of Illinois · Dec 31, 1998

PAVLETIC: Judge, it has to be established number one. … The overall paucity of the State’s peremptory challenges and the lack of two or more peremptory challenges against African-American venirepersons clearly worked against Williams’s claim of purposeful discrimination.

People v. Oglesby

2016 IL App (1st) 141477 · Appellate Court of Illinois · Feb 22, 2017

Defendant had established a bank account for Arrei in 2006. As of December 31, 2009, Arrei had $16.76 in its account. … In convicting defendant of count XV, the trial court stated: “I find that the government has clearly met their burden of proof as to that.

Installco Inc. v. Whiting Corp.

305 Ill. App. 3d 986 · Appellate Court of Illinois · Jun 18, 1999

When the language of a statute is clear, it will be given its clearly understood meaning without resort to other construction aids (Maher, 267 Ill. … Installeo argues that the facts of this case do not establish a joint venture as a matter of law, where there was no single enterprise or transaction, and profits had nothing to do with the economic obligations between the