Case law

Crittenden v. Illinois Workers' Compensation Comm'n

73 N.E.3d 654 · Appellate Court of Illinois · Feb 24, 2017

Suitable employment is employment in which the claimant is both able and qualified to perform. … As such, he was not qualified for the occupation of school bus driver.

People v. Long

2018 IL App (4th) 150919 · Appellate Court of Illinois · Feb 4, 2019

The case authority relied upon by defendant is clearly distinguishable and, again, we find no error. ¶ 83 d. … As the State points out, in challenging the reimbursement on appeal defendant makes allegations that are clearly refuted by the record.

In re J.B.

2021 IL App (1st) 210098-U · Appellate Court of Illinois · Sep 14, 2021

Accordingly, we have no basis to find that the opposite conclusion of that reached by the juvenile court is clearly evident. … ¶ 82 It is axiomatic that “matters relating to trial strategy are generally immune from claims of ineffective assistance of counsel.” Id. at 929.

Peacock v. Board of Trustees of the Police Pension Fund

335 Ill. Dec. 159 · Appellate Court of Illinois · Oct 20, 2009

At that time, the plaintiff was 49 years old, one year prior to being relieved of the statutory requirement that he submit to annual examinations in order to qualify for continued disability. … The plaintiff clearly had an economic interest in the continued receipt of his disability benefits, which had been paid for 15 years.

Indeck North American Power Fund, LP v. Norweb plc

Appellate Court of Illinois · Jun 30, 2000

Both purchase agreements in their "ASSIGNMENT AND ASSUMPTION OF PARTNERSHIP INTEREST," clauses preceding the signature lines clearly and expressly stated, however, that they were being entered into "pursuant to the [Mission-Norweb … "[T]he right to indemnification depends only on establishing that the warranty was breached." CBS , 553 N.E.2d at 1001 .

People v. Hanson

138 Ill. App. 3d 530 · Appellate Court of Illinois · Oct 24, 1985

Whitehurst’s statement about hitting defendant until he went down was later qualified by Whitehurst when he said if, after the first punch defendant did not fight back, he would break off the fight. … Here, the jury was clearly instructed on defendant’s theory of self-defense. The self-defense instructions given were totally consistent with defendant’s theory of the case. (See People v. Jackson (1974), 22 Ill.

People v. Guerrero

2018 IL App (2d) 160920 · Appellate Court of Illinois · Oct 19, 2018

Although the evidence was insufficient to prove the element of sexual penetration for predatory criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2004)), the evidence clearly established … Defendant acknowledged that the evidence clearly established that he had touched P.G. on her vagina on approximately 10 occasions, but he argued that aggravated criminal sexual abuse has additional elements:

In Re JB

328 Ill. App. 3d 175 · Appellate Court of Illinois · Feb 26, 2002

The burden of rebutting this presumption and clearly establishing a constitutional violation is on the party challenging the constitutionality of the statute. … Sterilization of those who have thrice committed grand larceny with immunity for those who are embezzlers is a clear, pointed, unmistakable discrimination." Skinner, 316 U.S. at 541 , 86 L.Ed, at 1660.

People v. Banks

Appellate Court of Illinois · Dec 19, 2007

If the record presented does not clearly establish that error was committed, it will be presumed that the order entered was in conformity with the law and had a sufficient factual basis, and the defendant will lose on … The mention of reasonable doubt in the postjudgment motion does not qualify as an explicit statement regarding whether defendant was not guilty.

People ex rel. Naylor v. Cohen

273 Ill. App. 362 · Appellate Court of Illinois · Feb 5, 1934

June 21, 1919, he took an original entrance examination for the classification of “Placement Clerk” and qualified. … removal, discharge or reduction, a statement in writing, alleging that his removal, discharge or reduction was made for political, racial or religious causes, and that he believes that upon a hearing he will be able to establish

Flaherty v. Retirement Bd. of the Policemen's Annuity & Benefit Fund

Appellate Court of Illinois · Dec 30, 1999

As a result, the Board found that plaintiff did not qualify for duty disability benefits but was instead entitled to ordinary disability benefits. … The decision of an administrative agency is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. Abrahamson v.

In Re WD

194 Ill. App. 3d 686 · Appellate Court of Illinois · Feb 16, 1990

W.D., a 16-year-old respondent charged with violating two State criminal statutes, clearly falls within this definition. … Furthermore, it is well established that where a conversation is related by a witness, the opposing party has a right to bring out all of the conversation on cross-examination. ( People v.

Fox Moraine, LLC v. United City of Yorkville

2011 IL App (2d) 100017 · Appellate Court of Illinois · Nov 8, 2011

The defendant objected, arguing that the documents were immune from discovery under the “deliberative process privilege.” Id. at 526. … The Board found that “these activities do not establish bias.”

Chapman v. Chicago Department of Finance

2022 IL App (1st) 200547 · Appellate Court of Illinois · Feb 14, 2022

¶ 24 “The last antecedent doctrine, a long-recognized grammatical canon of statutory construction, provides that relative or qualifying words, phrases, or clauses are applied to the words or phrases … ¶ 34 The Department next argues that it was only required to establish by clear and convincing evidence the possibility that disclosure of the requested information could cause harm. 2 We disagree

McIntyre v. Belt Ry. Co. of Chicago

105 Ill. App. 2d 45 · Appellate Court of Illinois · Jan 13, 1969

As a qualified mechanic I would say it was more like a purr than a roar.... "Q. You mean your muffler purred? "A. It had a little pin hole in it.... *50 "Q. I see. … To be against the manifest weight of the evidence requires *57 that an opposite conclusion be clearly evident.

O'DONNELL v. City of Chicago

363 Ill. App. 3d 98 · Appellate Court of Illinois · Dec 21, 2005

‘Illegal amusement device’ does not include a device that properly displays a required tax emblem, that is not used for illegal gambling and that qualifies either as a crane game as defined in the Illinois Criminal Code of … The purpose of section 4 — 156—150 and the definitions and restrictions therein are clearly unrelated to the content of any speech.

Fox v. Produce Cold Storage Exchange

192 Ill. App. 301 · Appellate Court of Illinois · Apr 22, 1915

Clearly a plan had been perfected to carry out the proposition set forth in that letter. … The evidence clearly shows that he paid $10,000 for 100 shares of preferred stock, for which he also received 100 shares of common stock.

Ruperd v. Ryan

Appellate Court of Illinois · Jul 9, 1997

Accordingly, we find that the evidence adduced at trial does not establish, as a matter of law, that Dr. Ryan engaged in any attempt to intimidate Dr. Bolt. Instead, Dr. … Ryan deliberately destroyed the medical record of Connie's ankle block, which clearly amounts to an obstruction of justice.

People v. Nabors

2025 IL App (5th) 250720-U · Appellate Court of Illinois · Dec 2, 2025

¶ 27 Next, the defendant claims that the State failed to establish, and the circuit court erred in finding that no set of conditions would mitigate the defendant’s threat to the community if he were released. … Based on the above facts, an opposite conclusion is not clearly evident or the finding itself is not unreasonable, arbitrary, or not based on the evidence presented.

Haist v. Wu

235 Ill. App. 3d 799 · Appellate Court of Illinois · Sep 4, 1992

Wu failed to conform to the standard of care of a reasonably well-qualified obstetrician/gynecolo?ist. … The questions clearly went be-rond merely establishing that there was no telephone number on the ecord.