Case law

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  • In re Estate of Bennoon

    13 N.E.3d 236 · Appellate Court of Illinois · Jun 20, 2014

    Semenova did not qualify as an expert witness on genealogy. … Semenova was not qualified to testify as an expert witness in genealogy.

    Cited 5 timesUnpublished
  • In Re Marriage of Sunday

    354 Ill. App. 3d 184 · Appellate Court of Illinois · Dec 16, 2004

    The trial court completely ignored in its findings the uncontradicted qualifying testimony offered by Baker and petitioner regarding their activities. … Instead, based on the foregoing analysis, the opposite conclusion, that Baker and petitioner had not established a conjugal relationship, was clearly apparent.

    Cited 21 timesPublished
  • In re Commitment of Trulock

    970 N.E.2d 560 · Appellate Court of Illinois · Jun 6, 2012

    Arroyo described his background and experience to the jury and was qualified by the trial court as an expert in clinical psychology. … A finding is against the manifest weight of the evidence only if it is clearly apparent from the record that the trial court should have reached the opposite conclusion or if the finding itself is unreasonable

    Cited 30 timesPublished
  • People v. Hendricks

    145 Ill. App. 3d 71 · Appellate Court of Illinois · Jun 19, 1986

    App. 3d 384 , 470 N.E.2d 1140 (expert qualified by experience in forensic odontology).) His decision will not be overturned on appeal unless it is clearly erroneous. (People v. Wade (1977), 51 Ill. … On appeal, defendant does not clearly delineate whether he is contesting the statements made at the Cramers or at the station.

    Reversed on other grounds by People v. Hendricks, 137 Ill. 2d 31 (1990)Cited 23 timesPublished
  • Carollo v. Irwin

    355 Ill. Dec. 49 · Appellate Court of Illinois · Sep 22, 2011

    "`One of the purposes of a corporate entity is to immunize the corporate officer from individual liability on contracts entered into in the corporation's behalf.'" People ex rel. Madigan v. … Dec. 57 , 856 N.E.2d 1152 (independent contractors could not establish a managing member's personal liability for debts that *94 the LLC incurred after its dissolution without showing that a provision establishing the managing

    Cited 1 timesPublished
  • People v. Unander

    936 N.E.2d 795 · Appellate Court of Illinois · Oct 26, 2010

    The State argues Evangelista is distinguishable from this case because the evidence clearly established the defendant there had previously provided a DNA sample. … All such fees collected shall be deposited by the county in a fund to be established and known as the Arrestee's Medical Costs Fund [ (Fund) ].

    Cited 0 timesPublished
  • Du Page County Election Commission v. State Board of Elections

    345 Ill. App. 3d 200 · Appellate Court of Illinois · Dec 11, 2003

    or for committeeman or for delegate or alternate delegate to a national nominating convention has been filed may cause his name to be withdrawn by request in writing, signed by him and duly acknowledged before an officer qualified … This, according to plaintiff, establishes an absolute deadline by which a candidate may have his name removed from the ballot.

    Cited 16 timesPublished
  • Reed v. Farmers Insurance Group

    Appellate Court of Illinois · Sep 10, 1997

    The Bugailiskis court noted that although an insurance policy may not technically qualify as a contract of adhesion, it possesses some of the earmarks of an adhesive contract. … We find that the plaintiff has sustained her burden of establishing the invalidity of section 143(a).

    Cited 0 timesPublished
  • Johnson v. Commonwealth Edison Co.

    133 Ill. App. 3d 472 · Appellate Court of Illinois · Apr 2, 1985

    Regarding the case at bar, the evidence as to the foregoing factors established that defendant was in charge of the work. … Whether a witness is qualified to testify as an expert is within the sound discretion of the trial judge. (Moore v. Farmers Insurance Exchange (1982), 111 Ill. App. 3d 401, 413 , 444 N.E.2d 220 .)

    Cited 20 timesPublished
  • Illinois Department of Central Management Services v. Illinois Labor Relations Board

    Appellate Court of Illinois · Apr 24, 2008

    another way, whether the rule of law[,] as applied to the established facts[,] is or is not violated.'" … The Board's conclusion that the recommendations had no effect on the subordinates' employment is clearly erroneous.

    Cited 0 timesPublished
  • Turlek v. Illinois Pollution Control Bd.

    210 Ill. Dec. 826 · Appellate Court of Illinois · Jul 26, 1995

    That a different conclusion may be reasonable is insufficient; the opposite conclusion must be clearly evident, plain or indisputable. Wabash & Lawrence Counties Taxpayers & Water Drinkers Association v. … This statute requires electric utilities to enter into long-term contracts for the purchase of electricity from qualified solid waste energy centers (WSREC), thus allowing such centers to realize a consistent profit.

    Cited 5 timesPublished
  • People v. Morrow

    303 Ill. App. 3d 671 · Appellate Court of Illinois · Mar 1, 1999

    The witness in Wilson was incarcerated pending the outcome of the other indictments, admitted instigating the criminal act involved in the case, was promised immunity and was unable to identify the defendant in a lineup, … With respect to defendant’s argument that trial counsel was ineffective for not using two pretrial statements by Ramona which were consistent with her trial testimony, these were clearly strategic decisions that defense counsel

    Cited 55 timesPublished
  • People v. Shelly

    230 N.E.3d 255 · Appellate Court of Illinois · Jan 10, 2024

    However, we “ ‘will not hesitate to read into the sense of some section or provision a qualifying or expanding expression plainly implied by the general context of the act, which has been palpably omitted … Absolute liability, wherein the State is not required to prove a culpable mental state, applies only if “the statute defining the offense clearly indicates a legislative purpose to impose absolute liability

    Cited 8 timesPublished
  • People v. Soto

    342 Ill. App. 3d 1005 · Appellate Court of Illinois · Sep 2, 2003

    Thus, the statements and defendant’s reactions thereto do not qualify as tacit admissions. … There is clearly no evidence to support the prosecutor’s statement that Oldaker said “[Tjhat’s the defendant” when shown a picture of the Tahoe.

    Cited 21 timesPublished
  • Solaia Technology, LLC v. Specialty Publishing Co.

    357 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 31, 2005

    The article further stated: “Clearly, on the surface, the goal of this group was to enable the staunchest of competitors to play nice in the sandbox and develop an elusive open [i.e., nonproprietary] standard. … Whether Defendants Pleaded Actual Malice Applying our finding to the instant case, we must determine whether plaintiffs here sufficiently pleaded facts to establish actual malice.

    Reversed in part by Solaia Technology, LLC v. Specialty Publishing Co., 221 Ill. 2d 558 (2006)Cited 3 timesPublished
  • Medina v. Board of Education of the City of Chicago

    382 Ill. Dec. 670 · Appellate Court of Illinois · Jun 11, 2014

    ¶4 Medina holds elementary and secondary teaching certificates, which qualify her to teach kindergarten through twelfth grade. … way, whether the rule of law as applied to the established facts is or is not violated."

    Cited 1 timesUnpublished
  • People v. McKee

    24 N.E.3d 75 · Appellate Court of Illinois · Dec 15, 2014

    ** clear that if the source of the information to the reporter is an attorney or a member of the staff of any of the attorneys involved in this matter, that the Supreme Court rules relative to discovery have clearly … In cases other than libel and slander cases in which an individual claims the qualified privilege, the party seeking the information can apply to the circuit court for a divestiture of the qualified privilege

    Cited 1 timesUnpublished
  • King v. Illinois State Board of Elections

    2022 IL App (1st) 220691-U · Appellate Court of Illinois · Jun 13, 2022

    ¶ 18 The hearing officer found that “[a] review of the Candidate’s nominating papers establishes that Candidate’s name and address are clearly set out on the Statement of Candidacy and clearly set out on the heading … A decision is clearly erroneous when we are left with the definite and firm conviction that a mistake has been committed. Id.

    Cited 0 timesUnpublished
  • People v. Rodgers

    Appellate Court of Illinois · Nov 19, 2002

    Johnson and Sylvester did not think that Rodgers was so qualified. … He clearly wanted to inflict pain rather than kill. While his sodden brain certainly lacked any conscience, it still harbored the capacity to act consciously. Rodgers knew what he was doing. He knew that it was wrong.

    Cited 0 timesPublished
  • Arians v. Larkin Bank

    253 Ill. App. 3d 1037 · Appellate Court of Illinois · Dec 22, 1993

    The court clearly stated in its ruling that it found for the plaintiffs and against the defendant on its counterclaim for foreclosure. … To qualify as an adverse party, the witness must perform some function of authority with the opponent to the side calling that witness. (Manzanek v. Rockford Drop Forge Co. (1981), 98 Ill. App. 3d 956, 962 .)

    Cited 10 timesPublished

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