Case law

People v. Ehley

381 Ill. App. 3d 937 · Appellate Court of Illinois · Apr 21, 2008

The court also noted that the evidence clearly established that defendant’s BAC was obtained through a blood draw at the hospital before Deputy Verckler arrived at the hospital. … civil or criminal action arising out of a defendant’s arrest for a DUI offense, a similar local ordinance, or a statutory-summary-suspension proceeding, so long as certain requirements, such as the blood being taken by a qualified

Bartow v. Ford Motor Co.

342 Ill. App. 3d 480 · Appellate Court of Illinois · Jul 31, 2003

Clearly, in both cases, the defendants were challenging whether the plaintiffs’ purported injuries were substantially likely to be prevented or redressed by the grant of available relief. … On appeal, plaintiff claimed that because it was a property association and not an owner of the property in question, it was immune from the Municipal Code.

Condux v. Neldon

83 Ill. App. 3d 575 · Appellate Court of Illinois · Apr 23, 1980

The instrument in question purported to be, and clearly was, a “common stock subscription agreement.” … Justice Traynor wrote: “[The interest sold] qualifies as a beneficial interest in title to property within the literal language of subsection (a) of section 25008. [Citations.]

People v. Merz

122 Ill. App. 3d 972 · Appellate Court of Illinois · Mar 27, 1984

He was further granted immunity from prosecution in relation to several other burglaries which he admitted committing. … Furthermore, the State’s evidence also established through Veenendaal that defendant had smoked Newport cigarettes that evening, and through Detective Pandre that defendant orally admitted to him that the cigarette butts

Blount v. Stroud

Appellate Court of Illinois · Sep 28, 2007

This is the converse of the scenario in Howlett, in which the Supreme Court held that the State of Florida could not apply sovereign immunity to section 1983 claims where it did not apply sovereign immunity to similar … 103, 8-110, 8-111 (West 2006)). 21 1-06-2428 & 1-06-2928 Consolidated government was the defendant, which evinced that the purpose of those administrative schemes was clearly

Gaskin v. Goldwasser

166 Ill. App. 3d 996 · Appellate Court of Illinois · Mar 1, 1988

He admitted this conduct constituted a deviation from the established standard of care. … All hearsay is inadmissible unless it qualifies under an exception to the hearsay rule. (Carpenter, 28 Ill. 2d 116 , 190 N.E.2d 738 .)

People v. Whittle

2020 IL App (4th) 170222-U · Appellate Court of Illinois · Jan 23, 2020

“It is well established that these types of decisions are considered matters of trial strategy and are generally immune from claims of in- effective assistance of counsel.” Id. … Counsel’s decision not to call McGowan in this case was clearly a matter of trial strategy and, therefore, immune from challenge.

People v. Montoya

Appellate Court of Illinois · May 9, 2007

Also, the very language in Vargas relied upon by defendant was characterized as "clearly dicta" by the Oswald court. … Thus, the fact that defendant earned the wages and qualified for the insurance benefits does not somehow negate the fact that they were "fraudulently obtained."

In re K.C.

2024 IL App (1st) 240430 · Appellate Court of Illinois · Dec 3, 2024

Shaniqua explained that she had tried to have D.F. admitted to Hartgrove for a short-term in-patient program, but he did not qualify for it. … The State had presented no evidence regarding the factors established by the caselaw for making that determination, counsel insisted.

Gallo v. Bellas

2022 IL App (1st) 210104-U · Appellate Court of Illinois · Mar 31, 2022

The circuit court found that defendants established – and plaintiff failed to rebut – that no genuine issue of material fact exists that plaintiff failed to satisfy the “case within a case” requirement by failing to establish … In the instant case, such causation has not been established.

In Re Application of Kane County Collector

135 Ill. App. 3d 796 · Appellate Court of Illinois · Aug 13, 1985

LAW OF THE CASE Petitioner asserts she proved her entitlement to the indemnity to the first trial court and that this court agreed, thereby establishing the law of the case on point one of the two-pronged tests; i.e., "the … During the time involved, she was able to carry on her professional work responsibly and capably, and her status does not qualify her for relief.

People v. Hobson

117 Ill. App. 3d 191 · Appellate Court of Illinois · Aug 4, 1983

It was established that on Sunday, April 18, defendant was in Ottawa in a red and white GMC flatbed truck. He mentioned that he was going to Pontiac. … The court was clearly proceeding not only under subparagraph (c), but also under subparagraph (b) of section 5 — 8—1(a)(1), subparagraph (b) being permissive — “may.”

Majca v. Beekil

289 Ill. App. 3d 760 · Appellate Court of Illinois · Jun 24, 1997

Peter Lacher for negligence that caused plaintiffs to fear that they may develop acquired immune deficiency syndrome (AIDS). We affirm the trial court decision granting summary judgment. … As the court said in Vallery, 630 So.2d at 867 : "To recognize a cause of action * * * when the presence of HIV is not shown (or, at the pleading stage, alleged), is clearly unsound.

Dunham v. Vaughan & Bushnell Mfg. Co.

86 Ill. App. 2d 315 · Appellate Court of Illinois · Aug 31, 1967

Each qualified witness expressed the opinion that there were many factors other than the Rockwell C hardness rating involved in the matter of chipping. … In Card, Illinois Evidence Manual, Rule 105 states that an act in accordance with established custom may be relevant on the question of the standard of duty and care to determine due care in a given case.

Russell v. Metropolitan Life Insurance

108 Ill. App. 3d 417 · Appellate Court of Illinois · Aug 9, 1982

The United States Supreme Court later qualified Barry in Landress v. Phoenix Mutual Life Insurance Co. (1934), 291 U.S. 491 , 78 L. Ed. 934 , 54 S. … Clearly, the death of the arsonist in Taylor could have been found to have been foreseeable had a suit in tort arisen from that episode.

Empress Casino Joliet Corp v. W. E. O'Neil Construction Co.

2016 IL App (1st) 151166 · Appellate Court of Illinois · Feb 15, 2017

The construction contract clearly identifies Empress as the owner and O’Neil as the contractor. … At those instances where the parties intended to differentiate between the types of property insurance used, they clearly do so.

Mt. Hawley Insurance Company v. Robinette Demoltion, Inc.

994 N.E.2d 973 · Appellate Court of Illinois · Jul 26, 2013

Clarendon America Insurance Co. is clearly distinguishable. ¶ 52 In United States Fire Insurance Co. v. Hartford Insurance Co., 312 Ill. … None of these documents can qualify as a written contract under the policy.

People v. Young

334 Ill. App. 3d 785 · Appellate Court of Illinois · Sep 23, 2002

App. 3d 181 , 742 N.E.2d 763 (2000) (Apprendi clearly exempts recidivist statutes); People v. Roberts, 318 Ill. … If no prejudice to the defendant is established, then there is no need to determine separately whether counsel’s performance was deficient. People v. Albanese, 104 Ill. 2d 504, 527 , 473 N.E.2d 1246 (1984).

Illinois Baptist State Ass'n v. Department of Insurance

2025 IL App (4th) 241282-U · Appellate Court of Illinois · Oct 1, 2025

Defendants argued plaintiffs lacked standing and the claims against Director Muriel in his individual capacity were barred by common law public official immunity. … Regardless, considering the specific facts in this particular case and the Department’s position, the comments at issue do not clearly indicate the two legislators intended a religious accommodation to apply to the mandate

Morrison v. Reckamp

Appellate Court of Illinois · Feb 19, 1998

court should not disturb the trial court's determination of instructions unless the trial court clearly abused its discretion. … In the present case, even if the trial court erred by refusing to admit the medical record, plaintiffs have not established how they were prejudiced by this error.