Case law

Gauger v. Hendle

2011 IL App (2d) 100316 · Appellate Court of Illinois · Jun 28, 2011

from liability under a tort immunity statute. … Here, clearly the central issue in the Rule 23 order was not whether there was probable cause to prosecute, but whether there was probable cause to arrest.

Gauger v. Hendle

352 Ill. Dec. 447 · Appellate Court of Illinois · Jun 28, 2011

The failure to establish any one of the foregoing elements precludes recovery for malicious prosecution. Fabiano v. … from liability under a tort immunity statute.

People v. Finney

2025 IL App (5th) 250741-U · Appellate Court of Illinois · Dec 15, 2025

Upon the close of evidence, the trial court found that the State had met its burden of establishing probable cause that a felony had been committed. … An opposite conclusion is not clearly evident or the finding itself is not unreasonable, arbitrary, or not based on the evidence presented.

Thornley v. Board of Trustees of the River Forest Police Pension Fund

462 Ill. Dec. 882 · Appellate Court of Illinois · Mar 31, 2022

“A mixed question of law and fact is reviewed under the clearly erroneous standard.” Marconi, 225 Ill. 2d at 532. “In contrast, questions of law are reviewed de novo.” Marconi, 225 Ill. 2d at 532. … ” ¶ 18 The rules of statutory interpretation are well established and undisputed here.

People v. Burton

2021 IL App (1st) 180815-U · Appellate Court of Illinois · Mar 31, 2021

¶ 34 Matters of trial strategy are generally immune from claims of ineffective assistance of counsel. People v. West, 187 Ill. 2d 418, 432-33 (1999). … As noted above, matters of trial strategy are generally immune from claims of ineffective assistance of counsel. West, 187 Ill. 2d at 432-33.

People v. Gonzales

60 Ill. App. 3d 980 · Appellate Court of Illinois · May 12, 1978

Once again, however, this was clearly a matter for the jury’s determination. (See People v. Evans.) … Oliver: “This evidence fairly tends to establish that both crimes were committed by the same man.

In re Marriage of Berberet

974 N.E.2d 417 · Appellate Court of Illinois · Aug 10, 2012

He established the account with stock he inherited from his grandfather. … The parties established the account in April 1997.

Samano v. Temple of Kriya

445 Ill. Dec. 221 · Appellate Court of Illinois · Sep 3, 2020

Defendant also alleged that it did not qualify as plaintiff’s employer under the Minimum Wage Law because plaintiff was not an “employee” under that statute. … ¶ 55 First, under the United States Supreme Court’s framing, plaintiff would clearly be considered a “minister” of defendant temple.

In re Estate of Tacher

2024 IL App (1st) 231016 · Appellate Court of Illinois · Mar 29, 2024

Paragraph 12 clearly stated that the proceeds of the policy were to be used towards Chris’ obligation for child support and his share of college expenses. … In the cases cited by plaintiff, the agreement contained no such qualifying language.

Bank of America, N.A. v. Kulesza

2014 IL App (1st) 132075 · Appellate Court of Illinois · Aug 28, 2014

The absence of that language in the exemption provision of section 2.03(1) cannot be ignored as defendants assert. ¶ 21 Under well-established precedent and specifically under the holding of Kmiecik, we can … As we held in Kmiecik, we need not reach the question of whether a mortgage foreclosure action qualifies as debt collection under the Collection Act.

People v. Roberts

252 Ill. Dec. 869 · 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 .” Mangold Corp. v.

Sampson v. Commissioners of Highways

115 Ill. App. 443 · Appellate Court of Illinois · Aug 24, 1904

two commissioners were present from each town, the two from Maquon being said Burkhalter and BTorval, and therefore no lawful quorum was present at that joint meeting, there being but two commissioners present who were qualified … It is clearly implied in Scheiwe v.

Smith v. Malone

252 Ill. Dec. 247 · Appellate Court of Illinois · Dec 18, 2000

section 912 explicitly requires title to the land underlying the right-of-way ( Marlow, 315 Ill.App.3d at 813 , 248 Ill.Dec. 487 , 734 N.E.2d at 200-201 ), the legislative history leading to the enactment of section 912 clearly … According to the United States Supreme Court, the United States' grants of these railroad rights-of-way actually only grant the railroad a qualified fee with implied condition of reverter. Northern Pacific Ry. Co. v.

Windmill Nursing Pavilion, Ltd. v. Cincinnati Insurance Co.

2013 IL App (1st) 122431 · Appellate Court of Illinois · Jan 31, 2014

¶9 The stipulation provided as follows: “a) Whether the telefaxes described in the Plaintiff’s complaint qualify under the terms of the Cincinnati Policies as the Insured’s ‘Work’ or ‘ … “If the plaintiff fails to establish any element of the cause of action, summary judgment for the defendant is proper.” Williams v. Manchester, 228 Ill. 2d 404, 417 (2008).

McCormick v. McCormick

180 Ill. App. 3d 184 · Appellate Court of Illinois · Mar 31, 1989

On appeal, Brooks Jr. contends that the Trustees failed to establish their right to trustees’ fees. … Apparently, as an alternative argument, he further argues that Miami “failed to establish the existence of a ‘loan’ because they never established an express contract to borrow money.”

Lake County Forest Preserve District v. Continental Illinois National Bank & Trust Co.

35 Ill. App. 3d 942 · Appellate Court of Illinois · Feb 20, 1976

Bern defendants’ counsel established that Bern had been employed by a Mr. … After establishing that Mr.

Pekin Insurance Company v. Designed Equipment Acquisition Corporation

2016 IL App (1st) 151689 · Appellate Court of Illinois · Nov 22, 2016

Designed argued that its lease agreement with Abel qualified as an insured contract but was not a construction contract and therefore not void under the Act. … However, the mere filing of cross-motions for summary judgment does not establish that there is no issue of material fact, nor does it obligate the court to render summary judgment. Id.

Maggi v. RAS Development, Inc.

350 Ill. Dec. 939 · Appellate Court of Illinois · May 26, 2011

Colleran acknowledged that the testimony established that Maggi's position in between the scaffold and the floor edge constituted a fall hazard. … RAS Development clearly knew or should have known that, but for plaintiff's misidentification, it should have been sued.

Taubenhan v. Dunz

20 Ill. App. 262 · Appellate Court of Illinois · Nov 8, 1886

The court held that the words following, viz: “ stock,” etc., qualified the use of the preceding larger term, but the decision is made to rest mainly on the fact that the negroes are -referred to in another clause. … “The language used shall receive its ordinary interpretation, except where some other is necessary or clearly indicated.” Christie v. Phyfe, 19 N. Y. 344 .

Overbey v. Illinois Farmers Insurance

170 Ill. App. 3d 594 · Appellate Court of Illinois · Jun 14, 1988

Defendant contends in the alternative that even assuming the Act applies, plaintiff failed to establish sufficient evidence to show a violation of the Act. … Therefore, since the plaintiff is clearly not entitled to exemplary and punitive damages, we need not address this argument any further.