Case law

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  • 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.

    Cited 1 timesPublished
  • Bryant v. Glen Oaks Medical Center

    208 Ill. Dec. 928 · Appellate Court of Illinois · May 12, 1995

    A movant may only be granted summary judgment where all of the pleadings, discovery materials, admissions, and all permissible inferences, analyzed in the light most favorable to the nonmovant, so clearly favor the movant … For the following reasons, we hold that the trial court correctly determined that defendant was entitled to judgment as a matter of law on its claim that plaintiff had not established a case for breach of contract. •1 We

    Cited 16 timesPublished
  • People v. Parlier

    466 Ill. Dec. 824 · Appellate Court of Illinois · Feb 6, 2023

    Nevertheless, those federal cases are not so clearly inapposite that it would have been unreasonable of Bloomington police officers to rely on them. … Because the record clearly shows the items of child pornography that defendant was convicted of producing, there is no danger of double jeopardy. See People v. Wallace, 210 Ill.

    Cited 5 timesPublished
  • 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.

    Cited 11 timesPublished
  • Rekosh v. Parks

    316 Ill. App. 3d 58 · Appellate Court of Illinois · Sep 1, 2000

    Construing the plain meaning of the Act, we find that the Act clearly and unambiguously creates a private right of action. … It is further a matter of public interest that the practice of funeral directing and embalming as defined in this Code merit and receive the confidence of the public and that only qualified persons be authorized to practice

    Abrogated on other grounds by Cochran v. Securitas Security Services USA, Inc., 2017 Ill. LEXIS 665 (2017)Cited 33 timesPublished
  • Bartow v. Ford Motor Co.

    Appellate Court of Illinois · Jul 31, 2003

    Clearly, in both cases, the defendants were challenging whether the plaintiffs' purported injuries were substantially likely to be prevented or redressed by the grant of available relief. … On appeal, plaintiff claimed that because it was a property association and not an owner of the property in question, it was immune from the Municipal Code.

    Cited 0 timesPublished
  • Clarke v. Community Unit School District 303

    971 N.E.2d 1163 · Appellate Court of Illinois · Jun 20, 2012

    The grant of a section 2-615(e) motion for judgment on the pleadings is proper only if it is clearly apparent that no set of facts can be proven that would entitle the plaintiff to recovery. Jordan v. … Standing is established by demonstrating some injury to a legally cognizable interest. Id.

    Cited 10 timesPublished
  • Lavite v. Dunstan

    2016 IL App (5th) 150401 · Appellate Court of Illinois · Sep 26, 2016

    Further, each part must “clearly show the points or grounds relied upon under the [s]ection upon which it is based.” 735 ILCS 5/2-619.1 (West 2014). … The Peoria County Board’s authorization of a lower tax rate meant the Peoria VAC was still eligible to qualify for state funds that would supplement the local funds for public aid purposes.

    Cited 8 timesPublished
  • People v. Sims

    2024 IL App (4th) 231335-U · Appellate Court of Illinois · Feb 1, 2024

    Additional officers arrived and established a perimeter to find the driver. Ultimately, defendant was observed walking through a cornfield in the area. … On appeal, the First District noted he did not contest that he committed a qualifying offense or that he faced detainable charges under section 110-6.1(a). Id. ¶ 11.

    Cited 6 timesUnpublished
  • 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

    Cited 72 timesPublished
  • People v. Parker

    Appellate Court of Illinois · Nov 18, 2002

    Standby counsel may assist a pro se defendant 'in overcoming routine procedural or evidentiary obstacles to the completion of some specific tasks, such as introducing evidence or objecting to testimony, that the defendant has clearly … failure to accept defendant's stipulation was an abuse of discretion constituting reversible error"); Walker , slip op. at 8 (finding that the State's key witnesses had lied to police and had agreed to testify in exchange for immunity

    Cited 0 timesPublished
  • People v. Boswell

    2023 IL App (4th) 220754 · Appellate Court of Illinois · Aug 1, 2023

    The appellate court’s opinion is replete with qualifying language, and, as a matter of law, the court was precluded from ruling on the merits. That was the circuit court’s function at the third stage. … Accordingly, defendant has failed to show an error that is clearly evident, plain, and indisputable. ¶ 89 III.

    Cited 1 timesPublished
  • Ochs v. People

    25 Ill. App. 379 · Appellate Court of Illinois · Feb 16, 1888

    The motions altogether embraced the names of Judge Tuley and three of the other Judges of Cook County, qualified by law to hold the Criminal Court. … Overt acts of all the plaintiffs in error tending directly to the promotion of the conspiracy are clearly shown.

    Cited 10 timesPublished
  • People v. Heritsch

    2012 IL App (2d) 90719 · Appellate Court of Illinois · Jun 28, 2012

    Such a reading is clearly at odds with the legislative intent, which is to keep drunk drivers off the road. … Morrison then clearly supports the common and ordinarily understood meaning of the term “revocation.”

    Cited 11 timesPublished
  • People v. Lomax

    2026 IL App (5th) 240889-U · Appellate Court of Illinois · Apr 21, 2026

    The defendant has not established that the statement resulted in an unfair trial. … ¶ 38 Statutes carry a strong presumption of constitutionality and the party making the constitutional challenge must clearly establish the invalidity of the statute to overcome this presumption. People v.

    Cited 3 timesUnpublished
  • I-57 & Curtis, LLC v. Urbana & Champaign Sanitary District

    2020 IL App (4th) 190850 · Appellate Court of Illinois · Mar 12, 2021

    See 70 ILCS 2405/23.4 (West 2018). ¶ 49 Looking beyond section 23.4, we find no statutory provision that limits or qualifies this absolute discretion. … For, in Groenings, the appellate court concluded that “[d]eprivation of mere hoped-for economic gain” failed to qualify as a deprivation of property in the constitutional sense. Id. at 309.

    Cited 1 timesPublished
  • Kerr-McGee Chemical Corp. v. Department of Nuclear Safety

    204 Ill. App. 3d 605 · Appellate Court of Illinois · Oct 18, 1990

    Kerr-McGee states that its complaint alleges facts which establish an actual controversy exists between it and the Department and, therefore, properly states an action for a declaratory judgment. … Clearly, none of these subsections are applicable to the case at bar. Subsection 5.01 (Ill. Rev.

    Cited 9 timesPublished
  • Casanova v. City of Chicago

    342 Ill. App. 3d 80 · Appellate Court of Illinois · Jun 30, 2003

    The circuit court, therefore, gave Casanova permission to file an amended petition containing facts sufficient to establish that the arbitrator’s award violated a well-defined and dominant public policy. … The public policy exception is narrow and is invoked only when a violation of public policy is clearly shown. American Federation, 173 Ill. 2d at 307 .

    Cited 19 timesPublished
  • Merchants Loan & Trust Co. v. Egan

    143 Ill. App. 572 · Appellate Court of Illinois · Oct 16, 1905

    Hopping, 169 Ill. 105 ), and the well established rule is that the verdict of a jury will not be set aside as being contrary to the evidence, unless it is manifestly so. … Clearly, he expected to find instructions as to what he was to do with the contents of the box. Such expectation is radically inconsistent with the claim that the contents of the box were his absolutely.

    Cited 4 timesPublished
  • People v. Damnitz

    206 Ill. Dec. 460 · Appellate Court of Illinois · Dec 27, 1994

    "[T]he armed violence instructions given to the jury here referred simply to 'aggravated battery,’ with no qualifying language as the underlying felony. … To permit otherwise would be to circumvent the rule established in People v.

    Cited 32 timesPublished

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