Case law

Board of Education v. A, C & S, INC.

171 Ill. App. 3d 737 · Appellate Court of Illinois · Jun 1, 1988

This clearly is not the type of risk that is normally allocated between the parties to a contract. … Next, the trial court found that plaintiffs were not immune from a statute of limitations because they are not protecting “public rights.”

People v. Montanez

273 Ill. App. 3d 844 · Appellate Court of Illinois · Jun 30, 1995

JUSTICE DiVITO, dissenting: The majority judgment in this case cannot be reconciled with well-established Illinois law. I therefore respectfully dissent. … More important, it ignores the well-established principles supplied by those cases.

The Health and Hospital Systems of the County of Cook v. Illinois Labor Relations Board

49 N.E.3d 518 · Appellate Court of Illinois · Dec 31, 2015

¶ 52 “[T]he Board's determination as to whether the facts establish that an employee is a confidential employee as defined by statute will not be reversed unless that determination was clearly … Tests for “Confidential Employee” Status ¶ 55 To be considered “confidential,” the employee's position must qualify under either (1) the labor nexus test, or (2) the authorized access test.

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.

Coy v. Washington County Hospital District

372 Ill. App. 3d 1077 · Appellate Court of Illinois · Apr 9, 2007

Accordingly, the plain language of HIPAA demonstrates that the judiciary, which is not a health plan, a health care clearinghouse, or a qualified health care provider, is not subject to HIPAA's privacy rule. … In fact, long-standing precedent in this state holds, very clearly, that the disclosure of a patient's name does not violate the physician-patient privilege. See, e.g., House v.

County of Kankakee v. Anthony

304 Ill. App. 3d 1040 · Appellate Court of Illinois · Jun 14, 1999

Upon moving to the Kankakee area, the Anthonys decided to establish a parochial school for their two children and the children of other Seventh-Day Adventists in the area. … In this regard, the General Assembly has established certain procedures which govern the manner in which county boards carry out their legislative function.

Naiditch v. Shaf Home Builders, Inc.

160 Ill. App. 3d 245 · Appellate Court of Illinois · Aug 18, 1987

Plaintiff presented nothing to clearly and convincingly establish defendant’s intent. His most persuasive evidence concerns defendant’s knowledge of. the defects in the house. … The evidence merely established that the house was not built in accordance with the plans and did not establish a scheme by defendant to trick plaintiff into signing a general release.

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.

Beeding v. Miller

167 Ill. App. 3d 128 · Appellate Court of Illinois · Mar 1, 1988

Our supreme court has held that the right to contract is qualified by the State’s legitimate exercise of police power. (Memorial Gardens Association, Inc. v. … We can find nothing in the testimony or evidence presented which compels a conclusion clearly opposite of that rendered by the trial court.

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.

Kouzoukas v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

383 Ill. App. 3d 942 · Appellate Court of Illinois · Jun 24, 2008

Schaedel testified that, if an officer can qualify at the gun range and can ambulate independently, there are positions within the Department where an accommodation can be made for an officer returning to duty. … The record establishes that the plaintiff has been under continuous medical care since her injury on July 25, 2004.

People v. Boand

Appellate Court of Illinois · Nov 16, 2005

In Willer , we held that the evidence did not establish a common method in the defendant 's perpetration of the sex offenses. … Vagueness Due process requires that the proscriptions of a criminal statute be clearly defined.

People v. Ford

118 Ill. App. 3d 59 · Appellate Court of Illinois · Sep 22, 1983

Testimony at trial established the following. … Gerson Kaplan, a psychiatrist, was qualified as an expert witness. He examined defendant twice and diagnosed defendant as having an antisocial personality. In Dr.

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.

Taylor v. Cook County State's Attorney's Office

2025 IL App (1st) 231135 · Appellate Court of Illinois · Jun 20, 2025

Furthermore, the affidavit does not establish why the records were exempt, beyond noting they were under review due to a pending postconviction proceeding. … Federal courts have found that postconviction motions qualify as law enforcement proceedings within the context of the federal FOIA. See King v.

Harris Trust & Savings Bank v. Otis Elevator Co.

Appellate Court of Illinois · May 22, 1998

Yet, the plaintiffs fail to point out why our prior decision ordering a new trial was clearly erroneous under the circumstances of this case. … Negligence may be established by either direct or circumstantial evidence. Mort v. Walter , 98 Ill. 2d 391, 396 , 457 N.E.2d 18 (1983).

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.”

In re Estate of Hanley

2013 IL App (3d) 110264 · Appellate Court of Illinois · Oct 16, 2013

performed the evaluations upon which the report is based, one of whom shall be a licensed physician and a statement of the certification, license, or other credentials that qualify … Section 11a-9(b) provides: “If for any reason no [medical] report accompanies the petition, the court shall order appropriate evaluations to be performed by a qualified person or persons and a report

E. J. Albrecht Co. v. Fidelity & Casualty Co. of New York

289 Ill. App. 508 · Appellate Court of Illinois · Mar 30, 1937

The judgment was reversed on appeal, the court holding that Eddy’s suit, alleging a wilful and malicious assault, was clearly not of the character contemplated by the policy, which only indemnified plaintiff against losses … Defendants carried liability insurance with the American Casualty Company, qualified to do business in Ohio, and the casualty company’s attorneys used the Headers case as authority for the contention that the ordinary public

Harris Bank of Roselle v. Village of Mettawa

243 Ill. App. 3d 103 · Appellate Court of Illinois · Mar 22, 1993

Defendant asserts that prohibiting the treatment of sanitary sewerage and/or sanitary wastewater by means of irrigation relates to matters of public health and thereby qualifies as a “health and quarantine” regulation. … When municipal residents are threatened by a health hazard existing outside municipal borders, the municipality clearly has an incentive to act”).