Case law

Doornbos Heating & Air Conditioning, Inc. v. Schlenker

403 Ill. App. 3d 468 · Appellate Court of Illinois · Jul 12, 2010

Nobody from Doornbos ever indicated that the firm was unfamiliar with state codes or was not qualified to design and install the Project’s HVAC system. … A trial court’s factual finding is against the manifest weight of the evidence only when a contrary conclusion is clearly apparent. Mani, 243 Ill. App. 3d at 668 .

In re Marriage of Svec

2024 IL App (2d) 220461-U · Appellate Court of Illinois · Aug 27, 2024

¶ 24 We begin with whether petitioner established a substantial change in circumstances warranting modification of the MSA. … Thus, the MSA’s plain and unambiguous language clearly reflects the parties’ intent—that respondent was to receive the tax benefit for a longer period.

People v. Wolf

2024 IL App (2d) 230457-U · Appellate Court of Illinois · Jan 26, 2024

¶ 14 Because Inman is clearly distinguishable, we disagree. … ¶ 17 Here, on the other hand, the record establishes that the trial court never issued a decision as to the State’s October 4, 2023, petition before it was voluntarily withdrawn.

People v. King

250 Ill. Dec. 340 · Appellate Court of Illinois · Sep 25, 2000

In light of the inconsistent, contradictory testimony presented at trial, along with the clearly questionable credibility of the State’s occurrence witnesses, we cannot say that evidence of defendant’s guilt in this case … If believed, Matthews’ testimony would have established that the October 15, 1991, rape could not have occurred.

People v. Steffens

131 Ill. App. 3d 141 · Appellate Court of Illinois · Feb 15, 1985

The Kalpak court actually made a more qualified statement. … Moreover, it is well established that when a witness has been impeached with a prior inconsistent statement, he may offer in rehabilitation only prior consistent statements which qualify or explain the inconsistency.

Gothberg v. Nemerovski

58 Ill. App. 2d 372 · Appellate Court of Illinois · Apr 26, 1965

to procure insurance was not qualified. … In my opinion, the written documents clearly state that the remittance of the full down payment of $35.40 and delivery of a binder or a policy were conditions precedent to the agent's obligation under his contract to obtain

Barnai v. Wal-Mart Stores, Inc.

459 Ill. Dec. 862 · Appellate Court of Illinois · Jul 30, 2021

It is well established, however, that one or more third-party tortfeasors may assign their rights to contribution, even to a nontortfeasor plaintiff. Cozzone v. … The settling defendants thus clearly paid far in excess of their pro rata shares of the common liability.

Hernandez v. Paschen Contractors, Inc.

Appellate Court of Illinois · Nov 15, 2002

Clearly, Paschen had a contractual obligation to provide a safe worksite, and thus both sides were entitled to address whether the site was safe. … Thus, Paschen was entitled to try to establish that plain-tiff was the sole proximate cause of his injury and not either a defective ladder or an unsafe site generally.

Barron v. City of Chicago

2025 IL App (1st) 240066 · Appellate Court of Illinois · Jun 30, 2025

The City also argued that plaintiffs lacked standing, plaintiffs failed to exhaust their administrative remedies, and the City has immunity from liability on quasi-contractual theories. … Clearly, plaintiffs’ larger concern is that they were not promoted.

Chicago Transit Authority v. Amalgamated Transit Union Local 308

108 N.E.3d 285 · Appellate Court of Illinois · Jun 15, 2018

Furthermore, by requiring the FTTFs qualified to operate trains to pick 32 hours of motor runs per week, the CTA had infringed on a contractually protected right that “picking” was to be done by seniority. … However, a court will vacate the award if it is repugnant to the established norms of public policy. [Citation.]

Wojtas v. Rachel

267 Ill. App. 148 · Appellate Court of Illinois · Jun 28, 1932

suit or proceeding without previous authority or appointment of the court, and while it is true that under our statutes the only person authorized to receive or take charge of the property or estate of a minor is the legal qualified … A court of review should be slow in disturbing the conclusions of a master upon the facts unless it can be said that his conclusions are clearly contrary to the probative force of the evidence. (Union Colliery Co. v.

People v. Learn

371 Ill. App. 3d 701 · Appellate Court of Illinois · Mar 2, 2007

K.O. told him of two occasions, but he could only clearly recount one occurrence. K.O. told him: “ ‘I was in the basement from [sic] the house. And he puts me on top of the bed. … Other than establishing the fact that K.O. had a “Tio Jimmy,” defense counsel asked a total of five questions about defendant.

People v. Robinson

231 N.E.3d 171 · Appellate Court of Illinois · Feb 5, 2024

¶ 11 It is well established that our primary goal in interpreting a rule is to ascertain and give effect to the drafters’ intent, of which its language is the best indicator. Id. … However, such petition was untimely under both Vingara and Rios because pretrial release conditions were established prior to the filing of the State’s petition.

People v. Youngerman

Appellate Court of Illinois · Jul 18, 2003

App. 3d 950 , 962 (1980)), was established as December 12, 2002. … After she was qualified as an expert in the field of forensic psychiatry, she testified for the State that she has been treating defendant for two years at Alton.

Williams v. Board of Trustees of the Morron Grove Firefighters' Pension Fund

Appellate Court of Illinois · Feb 2, 2010

Mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532. … To establish a violation of the constitutional right to due process, a plaintiff must show a deprivation of property and a denial of due process. See Schroeder v.

People v. Brown

19 N.E.3d 733 · Appellate Court of Illinois · Oct 8, 2014

The letter from his trial counsel attached to his postconviction petition clearly demonstrates he was advised of the incorrect sentencing range. … We note, while the State argues the decision not to request an instruction was strategic and matters of trial strategy are immune from ineffective-assistance claims, we fail to see how a "strategy" based on a fundamental

Ashley v. Evangelical Hospitals Corp.

230 Ill. App. 3d 513 · Appellate Court of Illinois · May 26, 1992

The third-party claim cannot be determined, however, before the underlying claim establishing liability and damages is determined. … Therefore, we clearly do not have the authority to so limit the application of our decision. Strang, 206 Ill. App. 3d at 373 .

Wade-Nelson v. Illinois Department of Employment Security

2026 IL App (1st) 250548-U · Appellate Court of Illinois · Mar 31, 2026

to the established facts is or is not violated.” … ¶ 39 The Board determined that plaintiff’s refusals qualified as misconduct as that term is defined in sections 602(A)(5) and 602(A) of the Act.

Doe v. The Catholic Bishop of Chicago

2024 IL App (1st) 231958-U · Appellate Court of Illinois · Jul 19, 2024

7 No. 1-23-1958 ¶ 23 Further, “courts limit the protection of the privilege, especially in a corporate context where broad privilege would effectively make most relevant material immune … Under this test, there are two tiers 9 No. 1-23-1958 of employees who qualify as members of the control group. Doe v.

Will County v. Village of Rockdale

2018 IL App (3d) 160463 · Appellate Court of Illinois · May 16, 2019

Rather, respondents must show an “urgent need” for the facility and a “reasonable convenience of establishing it.” Id. … Instead, the Pollution Board was required to independently determine the facts established by the manifest weight of the evidence.