Case law

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.'

O'ROURKE v. Access Health, Inc.

282 Ill. App. 3d 394 · Appellate Court of Illinois · Jul 5, 1996

(West 1994)), HMOs must establish and maintain a complaint resolution system. Such system, however, does not preclude an enrollee from filing a complaint with the Director of the IDI. 215 ILCS 125/4 — 6(a) (West 1994). … Thus, even giving a liberal reading to the statutory definition of "administrative decision,” the IDI’s letter here simply does not qualify as one. Defendant’s reliance on Parrillo, Weiss & Moss v. Cashion, 181 Ill.

Concerned Citizens and Property Owners v. Illinois Commerce Commission

112 N.E.3d 128 · Appellate Court of Illinois · Apr 17, 2018

¶ 11 In response, GBX and the Commission argue that “the definition of ‘public utility’ clearly applies to new entrants.” … ¶ 19 Here, GBX similarly fails to establish that it was a public utility at the time it filed its application with the Commission.

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.

In re M.T.

2025 IL App (1st) 232134-U · Appellate Court of Illinois · Jan 17, 2025

ANALYSIS ¶ 28 The Act establishes a two-step process for determining whether a minor should be made a ward of the court: (1) the adjudicatory hearing, where the trial court must decide “ ‘whether the minor is abused, … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.” Z.L., 2021 IL 126931, ¶ 61.

Beaman v. Freesmeyer

2017 IL App (4th) 160527 · Appellate Court of Illinois · Aug 4, 2017

¶ 33 The claims against Souk and Reynard were dismissed based on absolute immunity or qualified immunity. Id. at 506. … The court also found “the defendants are entitled to qualified immunity for their failure to turn over the Murray polygraph report to the prosecution and Beaman’s defense counsel.” Id. at 510.

Developmental Disability Services of Metro East v. Illinois Department of Human Services

2021 IL App (5th) 200239-U · Appellate Court of Illinois · Sep 3, 2021

In its order, the court found that the plaintiff failed to establish a clearly ascertainable right in need of protection and denied the plaintiff’s request for a preliminary injunction. The plaintiff appealed. … Indeed, such a remedy would implicate sovereign immunity.

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. 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.

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.

Herren v. Beshears

2025 IL App (4th) 250219 · Appellate Court of Illinois · Sep 12, 2025

“All easements are limited and qualified by the use that established the prescriptive right.” Id.; see Klose v. Mende, 329 Ill. … App. 3d 543, 549 (2001) (“The common and ordinary use establishing the right to an easement by prescription limits and qualifies it so that it cannot be given to different uses and purposes.”).

People v. Lofton

42 Ill. App. 3d 211 · Appellate Court of Illinois · Sep 8, 1976

While it is true that the statute requires the guard to carry documentation at all times, we think the fact that defendant completed the training course thereby qualifying for a card, coupled with the fact that he had other … Clearly the evidence demonstrates that by his conduct defendant placed Victor Mladic in reasonable apprehension of being shot.

Deen v. Lustig

Appellate Court of Illinois · Jan 31, 2003

In his charge, Deen sought reinstatement to his former position or a similar position for which he is qualified, reinstatement of all sick leave and vacation leave Deen used between January 1997 and February 7, 2000, reasonable … An abuse of discretion is found when a decision is reached without employing conscientious judgment or when the decision is clearly against logic. Bodine Electric of Champaign v. City of Champaign , 305 Ill.

Owner Operator Independent Drivers Ass'n v. Bower

Appellate Court of Illinois · Sep 21, 2001

A tax levied only "for the privilege of operating any qualified motor vehicle upon the public highways" is not, by the plain implication of its language, a user fee. … But the benefit directly relating to driving on the Tollway is clearly not the only benefit the owner-operators receive.

People v. Henderson

83 Ill. App. 3d 854 · Appellate Court of Illinois · Apr 15, 1980

But defendant’s ability to clearly understand and intelligently give up such rights, Katz said, would be diminished in a stressful situation. … The defendant’s argument does not persuade us to depart from the established rule in Illinois. Furthermore, the New York court in People v.

People v. DeStefano

64 Ill. App. 2d 389 · Appellate Court of Illinois · Nov 8, 1965

The record shows that the State established proof that defendant was convicted of a felony in 1927; that defendant on September 15, 1961, registered to vote by filling out an application and swearing “he was fully qualified … This procedure was established early in the judicial history of Illinois.” Cases cited include Nomaque v.

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.

O'Neill v. Beland

133 Ill. App. 594 · Appellate Court of Illinois · Apr 30, 1907

Ewell, who qualified as a handwriting expert, and the three letters above referred to were placed in his hands for examination. … It is clearly apparent, then, that it was of the utmost importance to appellant to establish the fact, if it be the fact, that appellee wrote these letters. In C. & N. W. Ry. Co. v.

Exchange National Bank v. DeGraff

110 Ill. App. 3d 145 · Appellate Court of Illinois · Sep 29, 1982

If these criteria are established, defendants maintain, the trial court is mandated to award expenses and fees. … Rule 219(b) does not qualify or explain the type of factual matters that come within its scope.

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.