Case law

Jensen v. Elgin, Joliet & Eastern Railway Co.

31 Ill. App. 2d 198 · Appellate Court of Illinois · May 23, 1961

Accordingly, I would hold that the decedent’s adult, non-dependent children are qualified to take as beneficiaries under the survival statute. … Spiegel appears to be an eminently qualified neurological surgeon, with considerable experience in the treatment of back disorders.

Commonwealth Edison Co. v. Pollution Control Board

25 Ill. App. 3d 271 · Appellate Court of Illinois · Dec 19, 1974

A thorough scrutiny of the Act conclusively establishes that the legislature intended that the Board alone should possess the power to promulgate air-quality standards. … Section 5(a) recites that the Board shall consist of “5 technically qualified members.”

Tao v. Simplex Investments, LLC

2022 IL App (1st) 211040-U · Appellate Court of Illinois · Aug 18, 2022

The rules applicable to statutory interpretation are well-established and summarized as to the Act in McLaughlin v. Sternberg Lanterns, Inc., 395 Ill. … On appeal, this court affirmed the circuit court’s finding that the “bonus was clearly conditional, dependent on whether sales for defendant increased over the previous year,” and not guaranteed to be paid. Id. at 544.

People v. Martin

359 Ill. Dec. 511 · Appellate Court of Illinois · Mar 16, 2012

In support of its decision, the court noted that Bryan's gunshot wound, and arguably Johnny's as well, qualified as a severe bodily injury sufficient to trigger a mandatory consecutive sentence. … Unlike Johnson , the other crimes evidence here was used to establish defendant's identity, not his intent or propensity to commit crimes.

Progress Printing Corp. v. Jane Byrne Political Committee

235 Ill. App. 3d 292 · Appellate Court of Illinois · Sep 15, 1992

Progress responded by arguing that (1) the candidate initiated the transactions in her conversation with Stanley and thus became a party to the transactions even though she later acted through agents; (2) the candidate was not immune … Defendants’ objection to the exhibits as not qualifying under the business records exception to the hearsay rule is not supported by the plain wording of Supreme Court Ride 236 (134 Ill. 2d R. 236), which requires only that

Bank of Antigo v. Union Trust Co.

50 Ill. App. 434 · Appellate Court of Illinois · Apr 28, 1893

The contract was as clearly separable as any contract can be when it is made at one time, and affects more than one thing. … In such a case the general rule, stated, becomes qualified, and the contract becomes subject to affirmance as to a part and rescission as to the remainder.

Morris v. Ameritech Illinois

Appellate Court of Illinois · Jan 21, 2003

The court held that General Electric, the defendant, did not qualify as a principal under the Code because the defendant did not knowingly employ the supervisor to tape the conversation. … In general, where a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common law unless the general assembly clearly and specifically expressed an intention to change

People v. Green-Hosey

2025 IL App (2d) 240284 · Appellate Court of Illinois · Feb 3, 2025

Given the record, the court’s finding was not clearly, plainly, and evidently erroneous. … Thus, we cannot find that the court clearly erred in finding that defendant established his claim by a preponderance of the evidence. ¶ 53 C.

People v. Crum

183 Ill. App. 3d 473 · Appellate Court of Illinois · Apr 19, 1989

The proper scope of cross-examination extends to matters raised on direct examination, including all matters which explain, qualify, or destroy the testimony on direct examination. (People v. Hunter (1984), 124 Ill. … Only where the court clearly has abused its discretion, resulting in manifest prejudice to the defendant, will a reviewing court interfere. Kline, 92 Ill. 2d at 504 .

People v. Jackson

358 Ill. App. 3d 927 · Appellate Court of Illinois · Jun 30, 2005

We begin our analysis by recognizing the well-established rule that “[a]ll statutes are presumed to be constitutional, and the burden of rebutting that presumption is on the party challenging the validity of the statute to … demonstrate clearly a constitutional violation.”

De Silva v. Hartack

201 Ill. App. 3d 387 · Appellate Court of Illinois · Jun 29, 1990

Based on this evidence, the IRB made the following findings: All four of the stewards who testified were properly qualified as expert witnesses; their testimony was unanimous and uncontroverted; there are two basic techniques … The above testimony establishes the existence of a common understanding among jockeys as to how to produce a horse’s best and fastest performance.

People v. Walker

2021 IL App (4th) 190073 · Appellate Court of Illinois · Aug 10, 2021

The defendant must overcome the strong presumption that counsel’s actions are matters of trial strategy, and they are generally immune from claims of ineffective assistance of counsel. People v. … Defendant fails to establish how trial counsel’s strategy was objectively unreasonable. Valdez, 2016 IL 119860, ¶ 14.

Urbas v. Saintco, Inc.

264 Ill. App. 3d 111 · Appellate Court of Illinois · Jun 30, 1994

While defendant claims Tom Kelly’s testimony about when defendant left for the evening was uncontradicted, defendant is clearly mistaken. … In the present case, Prosser was not qualified to give opinions on the amount of time that plaintiff had remained in the car, and the trial court erred in admitting that opinion.

Maas v. Board of Education of Peoria Public School District 150

2024 IL App (4th) 231064-U · Appellate Court of Illinois · Aug 13, 2024

that term, she was unable to establish her entitlement to the premium benefit … Specifically, plaintiff and other individuals similarly situated are clearly incentivized to assert their right to have their former employer pay their health insurance premiums, and defendant repeatedly notes that plaintiff

Enbridge Energy v. Fry

2017 IL App (3d) 150765 · Appellate Court of Illinois · Jul 28, 2017

The trial court found that the disclosure that was provided did not give the basis for an expert opinion for which the farm tenants were qualified. … A factual finding by the trial court will generally not be reversed on appeal unless it is against the manifest weight of the evidence—that is, unless it is clearly apparent from the record that the trial court

HUBBARD STREET LOFTS LLC v. Inland Bank

357 Ill. Dec. 309 · Appellate Court of Illinois · Dec 13, 2011

The court found that the explanation of the 365/360 calculation method qualified as stating a time period for calculation within the instrument. Id. at ¶ 30. … It is well established that if a contract is ambiguous, it *271 presents a question of fact and cannot be decided on a motion to dismiss. Monroe Dearborn Ltd. Partnership v.

People v. Mena

Appellate Court of Illinois · Mar 29, 2002

brutality does not qualify as a finding of fact. … We adopt the more persuasive reasoning of Nitz : "While our legislature clearly authorized the imposition of natural-life imprisonment in certain exceptional cases of first-degree murder, it did not permit the imposition

People v. Travelstead-Cummings

273 Ill. App. 3d 193 · Appellate Court of Illinois · Jun 29, 1995

She did not assist respondent in determining what jobs she might be qualified for or help her establish any job skills. Respondent did initiate some employment on her own, but did not follow through by keeping the jobs. … The record in this case clearly supports the trial court’s finding of unfitness.

Mitchell v. Village of Barrington

2016 IL App (1st) 153094 · Appellate Court of Illinois · Jan 24, 2017

If she is covered, the Village would of course review her application at that time and determine whether her injury qualifies her for benefits.” ¶ 16 On March 24, 2011, Duda wrote to the Village to again … To defeat this presumption the party challenging must “clearly establish” the alleged constitutional violation.

Goldberg v. Ruskin

128 Ill. App. 3d 1029 · Appellate Court of Illinois · Dec 19, 1984

The cause of action asserted on behalf of Jeffrey Goldberg is clearly distinguishable from an action by an illegitimate, but healthy child. Zepeda , therefore, is not dispositive of Jeffrey's wrongful life claim. … The absence of any reference to such expenses as injury in the allegations of Jeffrey's claim for wrongful life clearly supports a conclusion that Jeffrey did not seek such damages, especially since his parents, in their