Case law

Commissioners of McGee Creek Levee v. Dennis

58 Ill. App. 2d 466 · Appellate Court of Illinois · May 5, 1965

The petition alleges that the smaller figure was established in July 1950; that costs have increased so that it is now insufficient to defray the costs of proper drainage; that a study shows the larger figure is required … In this area, our course is clearly chartered by our Supreme Court in this language. “. . .

Townsend v. City of Chicago

2019 IL App (1st) 180771 · Appellate Court of Illinois · Jul 25, 2019

Defendants, in turn, filed a motion for summary judgment, arguing that they were immune from liability pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … ¶ 22 Defendants, in turn, respond that the court properly found that they were immune from liability under the Tort Immunity Act because the record clearly establishes that Anderson was an escaping

Austin Highlands Development Co. v. Midwest Insurance Agency, Inc.

2020 IL App (1st) 191125 · Appellate Court of Illinois · Oct 19, 2020

To the extent Austin has made this argument, it is axiomatic that we must follow the precedent established by our supreme court, and we have no power to diverge from that precedent. … Instead, Austin generally posits that “[n]o other class of potentially responsible parties is afforded such insulation and virtual immunity from claims.”

Fan v. AUSTER CO., INC.

389 Ill. App. 3d 633 · Appellate Court of Illinois · Mar 30, 2009

The records clearly show that the building owners/managers did not have regular routine maintenance of the elevator equipment by a qualified elevator contractor *** to perform monthly maintenance. 7. Mary E. … “The basic rationale for this doctrine of lessor immunity is that a lease is a conveyance of property which ends the lessor’s control over the premises, a prerequisite of tort liability.” Guerino, 273 Ill.

People v. Cookson

335 Ill. App. 3d 786 · Appellate Court of Illinois · Dec 2, 2002

The statements to Detective Wiese and DCFS investigator Gonzalez were clearly not spontaneous. … s statements may have suffered from the same misunderstanding. *815 There was clearly a motive to fabricate. A.C.'

Jones v. Chicago HMO LTD.

Appellate Court of Illinois · Nov 12, 1998

Raglin and Petrovich stand for the proposition that while HMOs are not immune from civil prosecution for malpractice, some recognized legal theory must be satisfied before liability can attach. … Count II--"Vicarious Liability" The evidence clearly establishes Dr. Jordan was an independent contractor. While Chicago HMO did conduct some review of the quality of care given, Dr.

Ellis v. AAR Parts Trading Inc. Modified on Denial of Rehearing - replaces original opinion filed 2/4/05

Appellate Court of Illinois · May 6, 2005

The record also established that subsequent to AAR filing its original motion to dismiss, Layug had filed four amended complaints within 1½ years. … Because the 'entire case and all parties' would not be before it, the state court clearly is not a suitable and convenient forum." Nolan , 919 F.2d at 1070 .

People v. Velez

359 Ill. Dec. 703 · Appellate Court of Illinois · Mar 22, 2012

There is no doubt that defendant's conduct in the instant case clearly falls within the statutory proscription. … It is clear that the additional questions defendant wished to ask Officer Williams on cross-examination were not designed to "explain, qualify, discredit, *453 or destroy his direct testimony." People v.

Deane v. Fort Dearborn Trust & Savings Bank

241 Ill. App. 517 · Appellate Court of Illinois · Jul 28, 1926

Deane, was appointed administratrix of his estate by the county court of Du Page county and that she duly qualified. … The evidence establishes the fact that said bonds are assets of the estate of John M. Deane, deceased.

People v. Smith

236 Ill. App. 3d 35 · Appellate Court of Illinois · Jul 17, 1992

Murray was never formally qualified as an expert by the court and, regardless, his opinion that R.B. told the truth was outside the area of his expertise and unfairly invaded the fact-finding role of the trier of fact. … Murray’s credentials as an expert were clearly reflected in the record. Furthermore, we believe that his opinion as to whether R.B. was telling the truth was within the area of his expertise as a child psychologist.

Hmelyar v. Phoenix Controls

Appellate Court of Illinois · Jun 17, 2003

In holding that plaintiff had not been "unemployed," the Board reasoned: "While the claimant states he has received no remuneration for his services, clearly the stock options he has received have a value of at least $1.75 … Therefore, plaintiff qualifies for unemployment benefits for that period. We must remand the cause to the Board so that it may decide how much is due plaintiff.

People v. Smith

2024 IL App (1st) 240809-U · Appellate Court of Illinois · Jul 19, 2024

¶ 11 We first note, the Act established a presumption that all criminal defendants are eligible for pretrial release. 725 ILCS 5/110-6.1(e) (West 2022). … As such, we do not believe the circuit court’s finding to be unreasonable, arbitrary, or not based on the evidence presented, or that the opposite conclusion was clearly evident.

Markel International Insurance Co. Ltd. v. Montgomery

2020 IL App (1st) 191175 · Appellate Court of Illinois · Jul 28, 2020

The circuit court also determined that Markel’s indemnity obligation was limited to the policy’s $1 million limit per occurrence and that the incident qualified as one occurrence. ¶2 Both parties appealed. … Matthews’s injuries, which it clearly does, the firearms exclusion would bar coverage.

Chicago School Reform Board of Trustees v. Illinois Educational Labor Relations Board

309 Ill. App. 3d 88 · Appellate Court of Illinois · Nov 16, 1999

Accordingly, these findings and conclusions will not be disturbed unless they are contrary to the manifest weight of the evidence or an opposite conclusion is clearly evident. Midwest Central Education Ass’n v. … corresponding duty to issue a ‘notice to remedy’ under the appropriate circumstances. *** Hi * * We find that the implementation of the just cause’ provision in arbitration is inconsistent and conflicts with the mandates established

People v. Porter

141 Ill. App. 3d 208 · Appellate Court of Illinois · Feb 18, 1986

Once the petitioner meets this minimal standard, he may qualify as an indigent and receive court-appointed counsel. In People v. Baugh (1985), 132 Ill. … To the contrary, indigent petitioners are clearly presented with sufficient opportunity to raise their claims of constitutional deprivations under section 122 — 2.1.

Lakehead Pipeline v. Commerce Comm'n Modified on Denial of Rehearing-July 16, 1998

Appellate Court of Illinois · Apr 7, 1998

established. … The appellant must show that the opposite conclusion is clearly evident. Illinois Bell , 282 Ill. App. 3d at 679 , 669 N.E.2d at 632 .

People v. Risper

2020 IL App (1st) 160707 · Appellate Court of Illinois · May 13, 2021

We agree with the State that such argument amounts to an attempt to admit such evidence based on Jillian’s “expert” knowledge of N.S. because she is her mother without having her qualified as an expert … To rebut this presumption, a party challenging a statute must establish clearly that it violates the constitution. People v. Mosley, 2015 IL 115872, ¶ 22.

People v. Muir

38 Ill. App. 3d 1051 · Appellate Court of Illinois · May 19, 1976

Shields, 6 Ill. 2d 200, 206 (1955)), and noted that, absent qualifying facts, the intent to destroy another’s life may be inferred “if one wilfully does an act the direct and natural tendency of which is to destroy another … Stat., ch. 38, §9 — 1, Committee Comments — 1961, at 8, and 10 and 11 (Smith-Hurd 1972) clearly indicates that section 9— 1(a)(2) was intended to codify that state of mind described in the cases as a “reckless disregard of

Frakes v. Peoria School District No. 150

12 N.E.3d 217 · Appellate Court of Illinois · Jun 20, 2014

¶ 18 Moreover, the amendment of section 24-12 in 2011 clearly made performance evaluations the focus of RIF procedures. See Pub. Act 97-8 (eff. … ¶ 29 In my view, the pleadings did not establish the number of teachers for the 2012-13 school year was less than the number of teachers on May 31, 2012, the day of plaintiffs’ honorable discharge

People v. Learn

919 N.E.2d 1042 · Appellate Court of Illinois · Dec 11, 2009

A statement is testimonial if it is made in a solemn fashion and is intended to establish a particular fact. … I note that the legislature did not qualify the term "corroborative evidence" in section 115-10.