Case law

Guardino v. Chrysler Corp.

Appellate Court of Illinois · Feb 13, 1998

officer, partner or stockholder of any motor vehicle dealer from selling or transferring any part of the interest of any of them to any other person *** unless such sale or transfer is to a transferee who would not otherwise qualify … A section 2—615 motion for dismissal should not be granted unless it clearly appears that no set of facts could be proved that would entitle plaintiffs to recovery. Mt. Zion State Bank & Trust v.

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 T.P.S.

978 N.E.2d 1070 · Appellate Court of Illinois · Oct 9, 2012

provisions contained in section 607 of the Dissolution Act (750 ILCS 5/607 (West 1998)).2 The court stated, “Not only does it categorize those persons who may petition for visitation, but section 607 also qualifies … Therefore, Illinois courts sparingly use the power to declare agreements void as being contrary to public policy; the power is used only when an agreement is clearly against public policy (as established by

People v. Mallery

228 N.E.3d 856 · Appellate Court of Illinois · Apr 25, 2023

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis ‘shall not be considered an unlawful user’ and that medical cannabis ‘purchased by a qualifying … “Accordingly, an officer who smells cannabis in a vehicle he has just stopped is almost certain to discover a violation of the Vehicle Code because the law clearly states that when cannabis

Cohan v. Garretson

282 Ill. App. 3d 248 · Appellate Court of Illinois · Jun 25, 1996

Accordingly, in the present case the jury was uniquely qualified to resolve the conflict between the experts’ opinions, and it found in favor of plaintiff. Moreover, in light of Dr. … There must clearly be a distinction, as Representative Daniels noted, between those injuries "related to” and those "directly attributable to” a defendant’s negligent acts.

People ex rel. Todd v. Board of Education

258 Ill. App. 271 · Appellate Court of Illinois · Jul 10, 1930

Section 131 provides that the board may, subject .to the limitations contained in the act, “establish bylaws, rules and regulations, which shall have the force of ordinances, for the proper maintenance of a uniform system … To permit the rule to be extended thus far would be to grant to the board absolute and uncontrolled power, which clearly was never intended to be given to it.

People ex rel. Ryan v. Village of Hanover Park

Appellate Court of Illinois · Dec 30, 1999

Defendant, Village of Hanover Park, has established by municipal ordinance an alternative traffic enforcement program for certain traffic offenses. *** 10. … Clearly, Mr. Ryan qualifies as any relator , and it is equally clear that the Attorney General in this case was authorized to initiate this action on behalf of the People based on the information Mr.

People v. King

384 Ill. App. 3d 601 · Appellate Court of Illinois · Jul 25, 2008

However, we disagree with defendant that there are no distinctive elements among the crimes to establish modus operandi. … The supreme court held that the defendant had clearly indicated his desire to cut off questioning. Nielson, 187 Ill. 2d at 287 .

In re Marriage of Carstens

101 N.E.3d 181 · Appellate Court of Illinois · Mar 30, 2018

Thus, Judge Ukena himself clearly contemplated that the order could be modified. … As such, respondent’s amended petition clearly fell within section 801(c). As a result, the changes effectuated by Public Act 99-90 govern these proceedings. Cf.

Chicago Housing Authority v. Human Rights Comm'n

Appellate Court of Illinois · Oct 12, 2001

next General Counsel is probably going to be another nigger from City Hall.' " After learning of Allen's recommendation to terminate him, Lasko filed a grievance with CHA alleging that he was not given an opportunity to qualify … However, contrary to CHA's contentions, ample law, both federal and state, clearly indicates that Illinois does recognize the mixed-motive theory.

People v. Kinnerson

446 Ill. Dec. 316 · Appellate Court of Illinois · May 14, 2020

Accordingly, we find no abuse of discretion by the trial court in finding Karr’s statements during the 911 call qualified as excited utterances. ¶ 38 2. … The circumstances of the present case are clearly distinguishable, and McCovins does not provide a basis for finding the occurrence of a clear and obvious error. ¶ 64 Moreover, we find this case more similar

Ray v. Cock Robin, Inc.

10 Ill. App. 3d 276 · Appellate Court of Illinois · Feb 23, 1973

On June 3, 1968, Cock Robin, Inc., owned and operated a drive-in ice cream establishment at the southwest corner of a T-intersection of River Road and Cherry Street in River Grove, Illinois. … Pillsbury, 33 Ill.2d 514 , there were no eyewitnesses qualified to testify to an accident in which the drivers of the colliding vehicles both perished, and under the circumstances expert testimony reconstructing the accident

Robinson v. Johnson Supplemental opinion upon denial of rehearing - filed March 25, 2004 - added to end of this opinion

346 Ill. App. 3d 895 · Appellate Court of Illinois · Sep 25, 2003

Ill. 2d 186, 196 (1999), decided after Aleckson, our supreme court issued a decision that held that the one-year statute of limitation provided in section 8 — 101 of the Local Governmental and Governmental Employees Tort Immunity … The three factors to be considered are: (1) whether the decision to be applied nonretroactively established a new principle of law, either by overrufing clear past precedent on which litigants may have relied or by deciding

PNC Bank, N.A. v. Hoffmann

2015 IL App (2d) 141172 · Appellate Court of Illinois · Aug 25, 2015

PNC’s counsel stated that he had requested documents bearing on the good-faith intent as to both the establishment and the administration of the IRA. … As Hoffmann agreed to this schedule and did not later seek to expedite the proceedings, she cannot now argue that PNC prolonged the proceedings, as any resulting error would qualify as invited error.

Gatica v. Department of Public Aid

98 Ill. App. 3d 101 · Appellate Court of Illinois · Jun 30, 1981

That the legislative intent is clearly contrary to such a ruling is apparent from a reading of sections 5 — 2, 5 — 6, and 1 — 15(2) of the Public Aid Code (Ill. Rev. … App. 2d 295 , 259 N.E.2d 411 ), and a creditor of the decedent cannot act for the estate unless qualified as an administrator under the Probate Act (Ill. Rev.

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.

Lamb v. Fidelity & Deposit Co. of Maryland

257 Ill. App. 262 · Appellate Court of Illinois · Apr 22, 1930

Alleged fraud must be clearly proven. Pogue testified, “He (Hodnett) did not say he had the right to signify the depositories of the funds deposited by Coffman. … Surety companies organized for the purpose of becoming sureties on official and commercial bonds have an established place in furnishing security for commercial and legal requirements and have become practically indispensable

People v. Szudy

262 Ill. App. 3d 695 · Appellate Court of Illinois · May 16, 1994

The question is set forth clearly, and these folks clearly set forth the answer was no. They’ve been sworn to tell the truth, and they haven’t. … The United States Supreme Court reversed, holding that, since she was clearly qualified to sit as a juror in a capital case, the trial court was not authorized to excuse the juror for cause.

In Re Application of County Collector

172 Ill. App. 3d 897 · Appellate Court of Illinois · Aug 1, 1988

The publication and time lapse provisions of those two laws are clearly mandatory and neither was followed prior to passage of the levy ordinance in issue. • 5 It is well settled that under the Illinois Municipal Code, and … Thus, the Dougherty rule as later qualified is consistent with the rule we follow here.

Gannon v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.

25 Ill. App. 2d 272 · Appellate Court of Illinois · Mar 23, 1960

These facts clearly indicate that the owner actually supervised the work and was fully advised of a pertinent defect which violated a statutory directive. … If the legislature had wanted to make all owners liable, whether they ha;d charge of the work or not, it would have been a simple matter — and certainly the logical solution — to omit the qualifying phrase “having charge