Case law

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.

Schloss v. Jumper

2014 IL App (4th) 121086 · Appellate Court of Illinois · Jun 10, 2014

In count II, plaintiffs alleged a violation of substantive due process, claiming defendants failed to clearly define rules of conduct, failed to provide a grievance procedure, and enacted policies based on security … as alleged in paragraphs 1 to 49 constitute unreasonable and unwarranted restrictions on plaintiffs’ right to freedom of speech and expression, in violation of his rights, privileges, and immunities

People v. Talley

152 Ill. App. 3d 971 · Appellate Court of Illinois · Feb 24, 1987

Smith declined the State’s order of immunity, refused to testify, and was held in contempt. … As clearly set forth in Batson, the prosecutor’s explanation need not rise to the level of justifying exercise of a challenge for cause.

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).

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.

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

Gandy v. Kimbrough

Appellate Court of Illinois · Dec 22, 2010

Price and Mitchell informed her that her credit was not sufficient to qualify for financing, but they could set up a surrogate buyer transaction to achieve her funding goal. … This vast disparity, especially factoring in the funds transferred to Ghafir by Gandy, strongly supports our finding that the transaction established an equitable mortgage.

Maschek v. City of Chicago

46 N.E.3d 843 · Appellate Court of Illinois · Dec 11, 2015

qualify as a school day for purposes of the ASE law. … ¶ 77 Thus, the schooling of special needs children qualifies as a school day for purposes of the ASE law.

Walters v. Department of Corrections

2025 IL App (4th) 241550-U · Appellate Court of Illinois · Dec 31, 2025

sought mandamus relief, he was not entitled to such relief because section 3-15-2 of the Unified Code granted DOC discretionary authority to inspect detention facilities; and (4) defendants were entitled to sovereign immunity … However, “[t]he standard of review on a section 2-615 motion to dismiss clearly limits our review to the face of the complaint.” Khan v. Deutsche Bank AG, 2012 IL 112219, ¶ 56.

Wilhelm v. Human Rights Commission

324 Ill. App. 3d 793 · Appellate Court of Illinois · Jul 31, 2001

Zaderaka, 131 Ill. 2d at 178-79 , 545 N.E.2d at 687 . •3 To establish a prima facie case of physical handicap discrimination, a complainant must show: (1) that he was handicapped under the Act’s definition; (2) that the decision … In this case the Commission clearly gave greater weight to the evidence available to Hayward at the time Wilhelm was laid off.

Harris Trust & Savings Bank v. Abraham-Zwirn

Appellate Court of Illinois · Jun 7, 2000

That is, the trial court should grant a new trial only when the conclusion opposite the verdict is clearly apparent, or the jury's findings are unreasonable, arbitrary, and lack evidentiary support. … People qualified in their fields stated their views and gave their reasons. Nothing was said that was not grounded somewhere in the evidence.

Okic v. Fullerton Surgery Center, Ltd.

432 Ill. Dec. 984 · Appellate Court of Illinois · Jun 10, 2019

Diniotis argued that a breach of the surgical standard of care could only be established through the testimony of a qualified medical expert. At argument, Mr. Okic’s counsel agreed that his expert witness, Dr. … It is also established that a plaintiff must generally present the testimony of a qualified expert to satisfy his burden of establishing the standard of care. Snelson v. Kamm, 204 Ill. 2d 1, 43-44 (2003).

People v. Douglas

2011 IL App (1st) 93188 · Appellate Court of Illinois · Nov 23, 2011

Allegations based on established facts should be “liberally construed and taken as true.” People v. … We find the supposed telephone call from a taxi driver qualifies as a “fanciful factual allegation.”

Lindorff v. The American Federation of State, County, and Municipal Employees

2015 IL App (4th) 131025 · Appellate Court of Illinois · Jul 7, 2015

The evidence established the structure of medical services within the DOC. At the correctional centers at issue in this case, the vendor, Wexford Health Sources, Inc. … Our supreme court has defined the clearly erroneous standard as follows: "An agency decision will be reversed because it is clearly erroneous only if the reviewing court, based on the entirety

Doe by and Through Doe v. Montessori School of Lake Forest

287 Ill. App. 3d 289 · Appellate Court of Illinois · Apr 3, 1997

Defendants Thorsen and the Board Members claimed that they serve on the Board of the Montessori School without compensation and, as such, are immune from liability for negligence. … The nature of the intentional tort, such as a battery, willful or wanton conduct, or false imprisonment, must be established by the evidence.

Norris v. National Union Fire Insurance Co.

Appellate Court of Illinois · Nov 16, 2001

Because there is no form of immunity at work here, the Norris plaintiffs argue that National Union would not be precluded from pursuing subrogation rights against Kidd as it would against a co-employee. … They also argue that the facts of this case do not qualify for an escape from the exclusivity of remedy rule, since the Norris plaintiffs would have to prove the decedent's injuries were not accidental, did not arise from

In re S.F.

2020 IL App (2d) 190248 · Appellate Court of Illinois · Nov 18, 2020

However, a trial court may allow a motion to dismiss outside the time for pleading when the issue of standing is “clearly at issue and not a surprise.” Scarlett Z. … As the child’s adoptive parent, the respondent qualified as a parent under the Marriage Act. Id. ¶ 37.

County of Cook v. Local Labor Relations Bd. & Teamsters, Local Union No 714

Appellate Court of Illinois · Dec 28, 1998

Bianchi had answered 56 questions correctly and a passing score was established to be a minimum of 57 correct answers. … Further, "[i]f plaintiff was never certified, he falls outside the ambit of section 3-7012's [of the Counties Code] procedural safeguards since the Act clearly requires the sheriff to appoint only from Board-certified candidates

In Re Kenneth J.

352 Ill. App. 3d 967 · Appellate Court of Illinois · Sep 21, 2004

Clearly, if a situation is not covered by the statute, the State cannot state a cause of action. … Lastly, the assessment and report were clearly inadequate.

People v. Nestrock

316 Ill. App. 3d 1 · Appellate Court of Illinois · Sep 8, 2000

However, it is well established that plain error is an exception to the waiver rule. People v. Enoch, 122 Ill. 2d 176, 189-90 (1988). … Clearly, there were reasons for the State to mention Cornerstones.