Case law

Buccieri v. Illinois Central Gulf Railroad

235 Ill. App. 3d 191 · Appellate Court of Illinois · Aug 31, 1992

Under the TLI-IC contract, TLI was required to provide IC with trained and qualified manpower to perform the loading, unloading and delivery operations relating to the piggyback trailers. … Even the Court’s opinion in Kelley, which “bristles with broad hints that a finding of FELA coverage [on remand] would be clearly erroneous” (Kelley, 419 U.S. at 333 , 42 L. Ed. 2d at 480 , 95 S.

Handelsman v. Handelsman

Appellate Court of Illinois · Jul 7, 2006

However, the Trust Agreement did not clearly say how to adjust for this shortfall. … A contrary intention could have been stated clearly and easily.

People v. Jones

65 Ill. App. 3d 1033 · Appellate Court of Illinois · Nov 30, 1978

We conclude that the testimony qualifies as an exception to the rule holding that evidence of different and unrelated crimes is not admissible upon the trial of defendant. … The trial court excused nine jurors on voir dire for reasons not clearly related to opinions formed from news stories.

Trossman v. Philipsborn

373 Ill. App. 3d 1020 · Appellate Court of Illinois · Jun 8, 2007

This holding reflects a well-established doctrine of the separateness of the shareholders from the corporation. … However, the Supreme Court in Hensley qualified that statement, explaining: “In some cases a plaintiff may present in one lawsuit distinctly different claims for relief that are based on different facts and legal theories

Freese v. Buoy

217 Ill. App. 3d 234 · Appellate Court of Illinois · Jul 24, 1991

THE COURT: So if he had not come back at all, he would not have qualified for the set aside program? … Freese would have qualified under the program? A. Yes.” For further clarification defendant’s counsel inquired of the witness: “Q. Mrs.

People v. Lopez

Appellate Court of Illinois · Feb 26, 2007

The evidence established that Blanca’s death was caused by a single gunshot wound to the head and that the muzzle of the handgun was against her skin at the time it was fired. … Therefore, even if defendant’s allegations of fighting and intoxication were true, defendant’s response of shooting Blanca was clearly not proportional. Austin, 133 Ill. 2d at 127; Jackson, 304 Ill. App. 3d at 893.

Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg

38 N.E.3d 969 · Appellate Court of Illinois · Aug 24, 2015

Questions of law, however, are subject to de novo review, and mixed questions of fact and law are reviewed under the clearly erroneous standard. Id. … Our review of the Board's decision in this case extends to all questions of law and fact presented by the entire record established in the hearing before the Board.

Shaw v. Bridges-Gallagher, Inc.

174 Ill. App. 3d 680 · Appellate Court of Illinois · Sep 7, 1988

Shelton, however, qualified as an expert in roof repair, having had six years of experience in the area. … The evidence clearly indicated that the plaintiff knew of this breach and did not seek to enforce this provision in the contract until seven years later.

City of Chicago v. Old Colony Partners, L.P.

364 Ill. App. 3d 806 · Appellate Court of Illinois · Mar 16, 2006

The City admits that the Code clearly requires notice and an opportunity to cure before injunctive relief is sought. … Montilla repeatedly qualified his statements regarding the photographed deterioration of the exterior walls of the Building.

The Raymond W. Pontarelli Trust v. Pontarelli

2015 IL App (1st) 133138 · Appellate Court of Illinois · Apr 2, 2015

¶ 22 "A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others ***." 760 ILCS 5/3(1) ( … The trial court dismissed the petition without prejudice due to Michel's established power of attorney. Id.

People v. Ross

2015 IL App (1st) 120089 · Appellate Court of Illinois · Jun 16, 2015

as an affidavit, the fact that the statement did not qualify as an affidavit, and whether it should suffice in lieu of an affidavit. … While not using the phrase, “ineffective assistance of counsel,” defendant has clearly attempted to communicate to the court that his counsel’s failure to provide Jemal’s testimony to the court in an acceptable

Village of Hillside v. John Sexton Sand & Gravel Corp.

113 Ill. App. 3d 807 · Appellate Court of Illinois · Mar 31, 1983

ultimately bound by the rule that when testimony is contradictory in a trial without a jury, the weight to be accorded testimony is a matter to be determined by the trial court and its findings will not be disturbed unless clearly … In its brief before this court, the Agency argues that Sexton was, indeed, managing the site under its authority to “commence development” of the site, and therefore qualified as an operator under the above definition.

Haag v. The Board of Education of Streator Elementary School District 44

79 N.E.3d 722 · Appellate Court of Illinois · May 9, 2017

Relevant case law clearly establishes a legislative intent under the Code to distinguish between certified teachers and ESPs and to provide greater protections from lay-offs or reduction of hours to teachers … Absent such express statutory authority, we are not convinced that the Board in the instant matter is precluded from recalling the plaintiffs to any category of positions for which they are qualified, without

People v. Deroo

2020 IL App (3d) 170163 · Appellate Court of Illinois · Dec 7, 2020

Douglas Gaither, the doctor who treated defendant in the emergency room after the crash, testified about his education and experience and was qualified by the trial court as an expert in emergency medicine. … The evidence presented at the suppression hearing clearly established that defendant’s blood was drawn by the hospital for the purpose of his medical treatment.

The Illinois State Toll Highway Authority v. International Brotherhood of Teamsters, Local 700

2015 IL App (2d) 141060 · Appellate Court of Illinois · Jan 4, 2016

provided for therein; it could mean the parties intended to leave those decisions up to their own discretion or the parties did not see a need to expressly provide for those situations.” ¶ 18 The court qualified … established); Iowa Electric Light & Power Co. v.

Coyne v. Milan Police Pension Board

347 Ill. App. 3d 713 · Appellate Court of Illinois · Apr 13, 2004

Such argument does not establish reversible error. Unlike the chairman in Danko, Lee’s conduct did not signal a predetermined decision of the case. … The key inquiry in our certificate analysis involves the meaning of the qualifying label “of disability.” Our dictionary search has revealed no fewer than 21 nuances for the word “of.”

People v. Kirkpatrick

2020 IL App (5th) 160422 · Appellate Court of Illinois · Jun 22, 2020

Noting that the metatarsals of the leg were clearly “sticking out,” Rhine opined that Shane had apparently sustained a left paw injury that had become severely infected and that the dog had instinctively chewed … As the State observes, however, neither of those propositions were elements that it was required to establish to meet its burden of proof.

People v. Williams Dissent added August 9, 2001

Appellate Court of Illinois · Jul 13, 2001

Defendant does not dispute that Bloore's testimony qualifies as expert opinion. … Certain evidence relating to the terminology to the gang hierarchy probably was appropriate, but to bring in alleged narcotics traffic by the gang clearly was too prejudicial and clearly outweighed any possible probative

People v. Robles

Appellate Court of Illinois · Jul 20, 2000

Rabin testified that psychiatrists are not qualified to administer and analyze psychological tests. Additionally, Drs. … It appears defendant was attempting to establish the unreliability of Dr. Hartman's report through the testimony of Dr.

Goad v. Evans

191 Ill. App. 3d 283 · Appellate Court of Illinois · Nov 30, 1989

Furthermore, Goad’s first-amended complaint states Goad is the “duly appointed, qualified and acting” administrator of Steven’s estate. … It is apparent Cole did not seek to introduce this evidence for a purpose other than establishing the probability of similar actions on subsequent occasions.