Case law

Cowger v. Industrial Commission

313 Ill. App. 3d 364 · Appellate Court of Illinois · Apr 17, 2000

She also knew claimant was a qualified driver who was working for TLC, and she was not particularly concerned that he would fail the drug test or the written driver’s test. … App. 3d 988, 994 (1988) (circumstances sufficient to establish centralized and fixed employment situs in Illinois even though employment contract was made in Indiana).

Kahr v. Markland

187 Ill. App. 3d 603 · Appellate Court of Illinois · Aug 24, 1989

The appellate court affirmed and noted that the evidence clearly established that First Chicago intended only to sell used furniture to the dealer. … The comment following section 2-403 of the UCC, referring to subsection (2), states: "This subsection extends protection to bona fide purchasers of goods who qualify as `buyers in the ordinary course of business' from a `

City of Oakbrook Terrace v. Suburban Bank and Trust Co.

364 Ill. App. 3d 506 · Appellate Court of Illinois · Mar 24, 2006

Land Group, the Robinette Trust, and the Robinette Estate contend that the legislature and judiciary have long been actively involved in establishing the right to and defining and analyzing the value of just compensation … Where an affidavit asserts an opinion, it must first qualify as expert testimony. Go-Tane Service Stations, Inc. v. Sharp, 78 Ill. App. 3d 785, 789 (1979).

Ted Sharpenter, Inc. v. Illinois Liquor Control Commission

148 Ill. App. 3d 936 · Appellate Court of Illinois · Oct 20, 1986

Defendant Richard Ernzen currently has two off-premise establishments, one in Batavia and one in North Aurora, and formerly owned 50% of an on-premise establishment in Batavia. … App. 3d 480, 483 ), and the court will not be bound by an interpretation that is clearly erroneous, arbitrary, or unreasonable. Environmental Protection Agency v. Pollution Control Board (1980), 88 Ill.

Eshaghi v. Hanley Dawson Cadillac Co.

214 Ill. App. 3d 995 · Appellate Court of Illinois · Jun 5, 1991

Our supreme court has clearly defined the role of the appellate court in reviewing class certifications. … Claims need not be exact duplicates to qualify for class certification, thus allowing a class action against a health care service where subscribing members have differing claims. (Carrao v.

Wilson v. Hinsdale Elementary School District 181

284 Ill. Dec. 847 · Appellate Court of Illinois · May 27, 2004

A party seeking a TRO must establish, by a preponderance of the evidence, that (1) he or she possesses a certain and clearly ascertainable right needing protection, (2) he or she has no adequate remedy at law, (3) he or she … The student is not seeking total immunity from punishment, as indicated by his suggestion that he be suspended for 15 days. He is seeking a lesser punishment.

People v. Sapp

460 Ill. Dec. 115 · Appellate Court of Illinois · Feb 2, 2022

¶ 61 Regardless, defendant cannot establish prejudice. … ¶ 71 Defendant cannot establish prejudice regarding counsel’s failure to recall Santoria.

Board of Education, Kewanee School District 229 v. Regional Board of School Trustees, Bureau, Henry & Stark Counties

2019 IL App (3d) 170638 · Appellate Court of Illinois · Jun 15, 2020

such time as the regional superintendent of schools or the committee of 10 determines that, because of death, resignation, transfer of residency from the territory, or failure to qualify … Wight & Co., 2014 IL 115330, ¶ 31 (“It is improper for a court to depart from the plain statutory language by reading into the statute exceptions, limitations, or conditions that conflict with the clearly expressed

People v. Mrdjenovich

236 N.E.3d 613 · Appellate Court of Illinois · Jun 27, 2023

His Miranda right to counsel, in particular, was honored when he clearly invoked it. … But he qualified that remark with, “I’m not going to promise you anything, or anything like that, because that would be wrong.

In Re Marriage of Sweet

104 Ill. App. 3d 738 · Appellate Court of Illinois · Mar 23, 1982

The report qualified that recommendation by noting inadequate information about either Donna or Robert and that psychiatric evaluations of both were necessary in order to determine in whose custody the boy’s interests will … Stat. 1977, ch. 40, par. 801(b)) states clearly that the Act was applicable to actions pending prior to the effective date of the Act but in which judgment was not entered until after that effective date.

Geisler v. City of Wood River

383 Ill. App. 3d 828 · Appellate Court of Illinois · Jul 3, 2008

On appeal, the circuit court's finding that the plaintiffs did not meet their burden will not be set aside unless clearly contrary to the manifest weight of the evidence. … The blighting factors cited by Eric White in these areas, including inadequate utilities and grading issues, were clearly based on Mr.

People v. Lundy

Appellate Court of Illinois · Nov 4, 2002

McCurdy would be qualified to testify as an expert in the area of forensic science; that he received *** 6 packages of a chunky substance and he tested those 6 packages and found it [ sic ] to contain 1.06 grams of cocaine … Furthermore, we find that any motion filed by defendant's trial counsel to quash defendant's arrest would have been futile because Officer Bora clearly had probable cause to arrest defendant.

Barry Mogul & Associates, Inc. v. Terrestris Development Co.

267 Ill. App. 3d 742 · Appellate Court of Illinois · Nov 21, 1994

However, as defendant notes, that observation is qualified by the principle that "promises should not be found by process of implication if they would be inconsistent with express provisions that there is no reason to set … This form of language clearly expresses a condition. (See generally Restatement (Second) of Contracts § 226, Comment a, at 170; § 227, Illustration 4, at 177 (1981).)

Ross v. Illinois Central R.R. Co.

2019 IL App (1st) 181579 · Appellate Court of Illinois · Aug 12, 2019

Elias and these changes also clearly misrepresent and alter the essence of the original records. The altering of medical records by Dr. … Ross’s] treatment; and (2) establishing and maximizing the liability of [Illinois Central].”

People v. Hayashi

386 Ill. App. 3d 113 · Appellate Court of Illinois · Oct 30, 2008

Although the parties have not raised this issue, we point out that it is questionable whether this particular massage would qualify as a medical examination or procedure. … Because a contrary finding is not clearly apparent from the record, we will not disturb the trial court’s credibility findings.

International Brotherhood of Teamsters v. Illinois Labor Relations Board

2017 IL App (1st) 152993 · Appellate Court of Illinois · May 1, 2017

It was not clearly erroneous to conclude that the Gang Order is a matter of the employer’s inherent managerial authority. … We acknowledge that which matters are subject to mandatory bargaining and which are not are very fact-specific questions that the Board, given its experience, is eminently qualified to decide.

Kellan v. Board of Trustees of the Firemen's Pension Fund

194 Ill. App. 3d 573 · Appellate Court of Illinois · Feb 9, 1990

Spencer’s testimony clearly refutes that position. Second, the defendant says that the trial judge “gratuitously announced at the conclusion of his oral opinion that he concurred” in the Olson opinion. … (The plaintiff’s attorney correctly argued that the plaintiff was not qualified to give such an opinion.)

Savage v. Pho

Appellate Court of Illinois · Apr 7, 2000

Pho's motion to dismiss, and in his memorandum in opposition to the motion, plaintiff stated that the matter was clearly an emergency motion, "one prompted by the press of the statute of limitations, permitted under Local … We find that plaintiff's motion for leave to amend reflected the materiality of the amendment and qualified as an emergency motion.

In re Nancy A.

Appellate Court of Illinois · Nov 19, 2003

The first petition, which was filled out by Antonia, was legally insufficient, and clearly the State needed time within which to file a petition that contained legally sufficient allegations. … Turning to the case at bar, on January 31, 2002, the evidence established through clear and convincing evidence that respondent was mentally ill based upon the testimony of Dr.

People v. Dodd

173 Ill. App. 3d 460 · Appellate Court of Illinois · Aug 18, 1988

App. 3d 614 , the question of whether an “accomplice” instruction may ever be given when directed to the testimony of a witness called by a defendant has not been clearly settled in Illinois, and the appellate court has taken … Thus, a witness, knowing that his own guilt is detected, may seek to shield himself from punishment by purchasing immunity or leniency by falsely accusing others and procuring their conviction.