Case law

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.

McTigue v. Personnel Bd. of Chicago

299 Ill. App. 3d 579 · Appellate Court of Illinois · Sep 24, 1998

On January 9, 1995, this hearing officer reported to the Personnel Board: “The evidence established that Respondent violated Personnel Rule XVIII, Section 1, Subparagraphs 8, 29 and 39. … The personnel rules clearly provide for the possibility of dismissal for first offenses in certain instances, as did the employee manual in Frank.

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.

Burke v. Illinois Power Co.

57 Ill. App. 3d 498 · Appellate Court of Illinois · Jan 18, 1978

However as the power company’s cited case establishes, “[w]here the plaintifFs due care cannot be established by direct testimony, it may be inferred by the jury from all of the facts and circumstances shown to exist prior … Reimer had not been qualified to testify to such matters and obviously could not give his opinion thereon.

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.

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.

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.

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.

In re Christopher K.

Appellate Court of Illinois · May 7, 2004

As to the term "offense," the State responds that it clearly means that the minor must commit no criminal offense during the term of his or her juvenile sentence. … The principles of law concerning the voluntariness of a confession are well established.

United Airlines, Inc. v. Pappas

348 Ill. App. 3d 563 · Appellate Court of Illinois · Apr 16, 2004

The trial court found Herman qualified as an expert in the field of real estate valuation. At trial, Herman described the methodology he used to appraise the property. … Taxpayer contends that this appeal presents a mixed question of law and fact, which requires application of the “clearly erroneous” standard of review.

People v. Rodriguez

2018 IL App (1st) 141379-B · Appellate Court of Illinois · Aug 24, 2018

remanded his case to the juvenile court where the State could seek a discretionary transfer to criminal court if it so chose. ¶ 65 In Howard our supreme court reasoned that, because the legislature did not clearly … The court clearly considered defendant’s presentence investigation, which detailed defendant’s youth, educational and social history.

Stuckey v. Renaissance at Midway

2015 IL App (1st) 143111 · Appellate Court of Illinois · Jan 13, 2016

Renaissance therefore asked the circuit court to deny plaintiff's motion to compel, as the "applicable statutes and relevant Illinois case law clearly establish that Defendant cannot produce information or documentation … We conclude that they clearly do.

Cuculich v. Thomson Consumer Electronics, Inc. Nunc Pro Tunc to Sep. 27, 2000

Appellate Court of Illinois · Nov 1, 2000

The trial court clearly required plaintiffs to present clear and convincing evidence of a violation of the Consumer Fraud Act to defeat defendant's motion. … whether the evidence at least established a violation by a preponderance of the evidence.

Hites v. Waubonsee Community College

2016 IL App (2d) 150836 · Appellate Court of Illinois · Aug 29, 2016

While the opinion did not explicitly establish that the documents requested were previously available, the case’s prior history established that they were. ¶ 27 Accordingly, the circuit court held that … Kalven and Southern Illinoisan clearly required the disclosure of electronic records under FOIA.

Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.

196 Ill. App. 3d 5 · Appellate Court of Illinois · Mar 16, 1990

Best Plumbing & Heating Supply Co. (1959), 17 Ill. 2d 570 , is clearly distinguishable. … This is clearly contrary to the Illinois public policy of encouraging settlements.

Rechenberg v. Illinois Workers' Compensation Comm'n

2018 IL App (2d) 170263WC · Appellate Court of Illinois · Jun 13, 2018

App. 3d 146, 151, 922 N.E.2d 1133, 1139 (2009)). ¶ 42 Here, the relevant underlying facts have not been “established” and are very much in dispute. … Izquierdo initially offered an opinion that causally related claimant’s right shoulder and arm condition to her work for the employer, he later significantly qualified that opinion both in his October 2014 letter

Jenkins v. Dominick's Finer Foods, Inc.

Appellate Court of Illinois · Jun 10, 1997

First, the photographs taken of plaintiff's leg and foot were clearly under plaintiff's control since he testified that he took the photographs of his leg himself, that the photographs of his foot were taken during that same … In order for a statement to qualify as a party admission, the party offering the statement must establish that (1) the declarant was an agent or employee; (2) the statement was made about a matter over which he had actual

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.

Universal Underwriters v. LKQ Smart Parts

963 N.E.2d 930 · Appellate Court of Illinois · Dec 16, 2011

(unpublished) ("When `injury' `is qualified by the word "physical," its meaning is limited to physical damage.' [Citation.] … Ill.App.3d 622, 637 , 254 Ill.Dec. 543 , 747 N.E.2d 955 (2001) ("Absent vexatious behavior by the insurer, an insured cannot recover attorney fees incurred in bringing a declaratory judgment action against the insurer to establish