Case law

People v. Polovchak

104 Ill. App. 3d 203 · Appellate Court of Illinois · Dec 30, 1981

After having been qualified as an expert witness, Dr. Littner was asked the following hypothetical question: “Dr. … Clearly, no material facts were in dispute. The minor absented himself from the family residence, without his parents’ consent and without informing them of his whereabouts.

Aliano v. Sears, Roebuck & Co.

400 Ill. Dec. 799 · Appellate Court of Illinois · Dec 30, 2015

Upon purchasing a qualifying converter box, an individual could present a NTIA Coupon to the retailer and receive a credit against the purchase price of up to $40. … On April 19, 2009, he purchased a qualifying converter box from Sears at its Oak Brook store and presented a NTIA Coupon at the time of the purchase.

In Re Marriage of Hart

194 Ill. App. 3d 839 · Appellate Court of Illinois · Feb 22, 1990

Respondent was not qualified to pilot the twin-engine plane. In 1986, the parties filed a reorganization plan, which involved both business and personal debts. … The evidence below clearly established respondent’s use of the marital asset for his individual benefit.

Abazari v. Rosalind Franklin University of Medicine and Science

40 N.E.3d 264 · Appellate Court of Illinois · Jun 29, 2015

In order to adequately state a claim, the complaint must allege facts that, if proven, would establish the elements of the claim asserted. Board of Education of City of Chicago v. … Moreover, the complaint clearly reflects the plaintiff’s own knowledge that he cannot practice podiatry until he obtains a residency and, ultimately, a license.

Bollin v. Corey

2026 IL App (4th) 251098-U · Appellate Court of Illinois · Jun 2, 2026

subject property or any part thereof cannot be divided or partitioned among the parties without manifest prejudice to the parties in interest; (c) While the subject property may qualify … In the trial court, Corey was clearly aware this court might not have jurisdiction over this appeal if the trial court did not issue a Rule 304(a) finding.

Nationstar Mortgage LLC v. Lewis

2026 IL App (1st) 250466-U · Appellate Court of Illinois · Mar 5, 2026

In that motion, Lewis asserted that he was “the principal of an International Organization titled SIMEON LEWIS and [had] immunity as an Internationally Protected Person.” … The special process server’s affidavit established proper substitute service of the complaint and summons on Lewis through his roommate, in compliance with section 2-202.

Hiatt v. Western Plastics, Inc.

36 N.E.3d 852 · Appellate Court of Illinois · Dec 29, 2014

Rather, Illinois case law indicates that, as long as the parties share in the same revenue stream, the shared-profits element may be established. See Herst, 219 Ill. … Clearly, ITW made a strategic decision not to assert the exclusive-remedy provision as a defense, in the hope that it could avoid liability altogether by defeating plaintiff’s tort claim.

Heider v. Leewards Creative Crafts, Inc.

245 Ill. App. 3d 258 · Appellate Court of Illinois · May 14, 1993

Next, defendant argues that plaintiff did not allege facts to establish a knowledge of the falsity of the statement. … Naiditch can be distinguished from the instant case on the basis that such allegations were clearly made by plaintiff in the instant case.

Schatz v. Abbott Laboratories, Inc.

131 Ill. App. 2d 1091 · Appellate Court of Illinois · Mar 5, 1971

Upon this record, the fermenting process at issue does not qualify as a non-conforming use. … I agree with the majority opinion that the defendant's liability in this case is clearly established.

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

318 Ill. App. 3d 293 · Appellate Court of Illinois · Sep 29, 2000

Article 42, section 3, of the Agreement, which went into effect on August 14, 1995, establishes a policy applicable to reserve teachers. … An agency’s factual findings will not be disturbed unless they are contrary to the manifest weight of the evidence or unless an opposite conclusion is clearly evident. Midwest Central Education, 277 Ill.

Garton v. Pfeifer

432 Ill. Dec. 750 · Appellate Court of Illinois · May 13, 2019

Those citations do not qualify for any of the exceptions identified in the rule, and those citations are therefore stricken. … We have said: ‘The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the

Johnson v. Pendarvis

248 Ill. App. 406 · Appellate Court of Illinois · Sep 24, 1927

Such rule of law is well established and is controlling in all cases where it can be properly applied. … The language of the will clearly indicates that the conversion was intended for the purposes of the will only and that no “out and out” conversion was contemplated by the testatrix.

Sims v. Municipal Officers Electoral Board for the Village of Riverdale

2021 IL App (1st) 210168 · Appellate Court of Illinois · Mar 15, 2021

¶ 21 Sims contends that the receipt dated December 30, 2020 establishes that the objection petition was not timely filed. … The objectors argue that the Village was not open on Christmas Eve, so it does not qualify as a business day for purposes of the Election Code.

People v. Parham

141 Ill. App. 3d 149 · Appellate Court of Illinois · Feb 19, 1986

She had observed him do these things on prior occasions but had never seen him do any real violence, although she did qualify that by relating that defendant had awakened her in the middle of the night on three different … Ct. 490 , have established a per se rule that once an accused has made a clear request for counsel, all questioning must cease until counsel has been made available or he initiates further conversation with the police.

Penn v. The County of Peoria (

2018 IL App (3d) 170162 · Appellate Court of Illinois · Nov 14, 2018

Penn also asked the trial court to enter an order declaring that “Penn has at all times since 1971 been employed by Peoria County in a qualified position that requires participation in IMRF and that Peoria County … See 55 ILCS 5/5-12012 (West 2016). ¶ 50 However, most importantly, section 7-200 of the Illinois Pension Code (40 ILCS 5/7-200 (West 2016)) clearly states that the IMRF’s Board of Trustees, not the County, shall

Sinnissippi Rod & Gun Club, Inc. v. Raoul

253 N.E.3d 346 · Appellate Court of Illinois · Mar 1, 2024

To qualify for a license, applicants must be at least 21 years of age, possess a valid card under the Firearm Owners Identification Card Act (430 ILCS 65/0.01 et seq. … Relying on the established jurisprudence of Heller and McDonald v.

In Re Marriage of Frey

258 Ill. App. 3d 442 · Appellate Court of Illinois · Mar 1, 1994

Petitioner's exhibit # 1 clearly shows that some of what was written was not agreed to by the parties. … In testifying, Whitt freely held himself out as more qualified and more capable of rendering a reliable appraisal than respondent's expert.

Schandelmeier-Bartels v. The Chicao Park District

2015 IL App (1st) 133356 · Appellate Court of Illinois · Mar 17, 2015

discharge] because under the legal principle of no double recovery for wrongs arising out of one indivisible set of facts, she now has no further claim for damages, and without a claim for damages, she cannot establish … “Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment.” Nowak, 197 Ill. 2d at 390-91.

People v. Pickens

Appellate Court of Illinois · Dec 28, 2004

We begin by noting that "[s]tatutes are presumed constitutional, and the party bringing a constitutional challenge to a statute has the burden of clearly establishing a constitutional violation." People v. … Here, the offenses clearly do not share identical elements, and these two sections target distinct conduct.

CE Design Ltd. v. Speedway Crane, LLC

2015 IL App (1st) 132572 · Appellate Court of Illinois · Jul 30, 2015

¶8 Once a company is "qualified," it has the option of being listed in the Blue Book. … The FCC has "ma[de] clear that the existence of an established business relationship establishes consent to receive telephone facsimile advertisement transmissions."