Case law

In re Estate of Boey

2025 IL App (5th) 240271-U · Appellate Court of Illinois · Aug 22, 2025

Jan. 1, 2018) and was not qualified to testify on any DNA issues. … Rodriguez, 2011 IL App (1st) 103488, ¶ 5 (A reviewing court “is entitled to have the issues on appeal clearly defined with pertinent authority cited and a cohesive legal argument presented.

In Re Marriage of Minear

287 Ill. App. 3d 1073 · Appellate Court of Illinois · May 8, 1997

Qualifying as a repayment of debt is a necessary, but not a sufficient, condition for deductibility under subsection (a)(3)(h). … Clearly, the trial court did not abuse its discretion here by adding Robert’s claimed depreciation expense back to his income for purposes of determining child support and maintenance.

Phelan v. County Officers Electoral Board

240 Ill. App. 3d 368 · Appellate Court of Illinois · Dec 15, 1992

Second, constitutional language must be given its plain and commonly understood meaning unless it is clearly evident that a contrary meaning was intended. (Coalition for Political Honesty v. … Gausselin counters that he was nominated by the proper committee, the circuit court county committee established according to section 7 — 8(g).

Fitzpatrick v. a C F Properties Group, Inc.

231 Ill. App. 3d 690 · Appellate Court of Illinois · Jul 2, 1992

A trial court has broad discretion in determining if a witness has been qualified as an expert. Taylor, 107 Ill. App. 2d at 19 . … Here, although plaintiff did not do so in a fact-specific manner, she clearly raised the issue in her post-trial motion.

BMO Bank N.A. v. Zbroszczyk

2025 IL App (1st) 241333 · Appellate Court of Illinois · Jun 18, 2025

Additionally, a cause of action should not be dismissed under section 2-619 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief. Feltmeier v. … Similarly, where parol evidence is required, a written document does not qualify as “other evidences of indebtedness” under section 13-206 of the Code. Toth v. Mansell, 207 Ill.

Miramar Capital, LLC v. Wells Fargo Clearing Services, LLC

Appellate Court of Illinois · Jul 9, 2026

Hefter asserts that Lawlor establishes that under Illinois law, where the evidence establishes tortious conduct that is not part of a scheme to intentionally harm the plaintiff and results only in non-physical and non-economic … In contrast, Hefter asserts that the statement he made was “qualified” and “nestled within a voicemail that is full of qualified language.”

Moore v. Centreville Township Hospital

246 Ill. App. 3d 579 · Appellate Court of Illinois · Jun 25, 1993

It argues that the totality of the circumstances clearly shows that the Hospital was primarily in charge of the sewer project. … The test for prospective application first asks whether the rule establishes a new principle of law, either by overruling clear past precedent or by deciding an issue of first impression that was not clearly foreshadowed.

Illinois State Toll Highway Authority v. Itasca Bank & Trust Co.

216 Ill. App. 3d 926 · Appellate Court of Illinois · Aug 1, 1991

The evidence established and it is uncontradicted that no part of the tollway is on the subject property. … Clark (1981), 84 Ill. 2d 186 , concerns expert testimony whereas in this case Schwarz was not qualified as an expert.

Johnson v. Thomas

276 Ill. Dec. 669 · Appellate Court of Illinois · Jul 21, 2003

He testified this was unnecessary because the revised numbers appeared clearly on the three or four carbonless copies. … The court further found that Johnson qualified as a “creditor” under the TILA due to his role as Bilfeld’s de facto “partner.”

DiFranco v. Fallon

228 N.E.3d 410 · Appellate Court of Illinois · Oct 5, 2023

We find DiFranco’s allegations related to voter signatures are insufficient to establish that any of these 1836 ballots should have been disqualified. … When In re Contest was decided, however, the common law required an election contest petition to clearly allege that a recount would in fact change the result. Andrews v. Powell, 365 Ill.

People v. Woodson

2023 IL App (2d) 230391-U · Appellate Court of Illinois · Dec 19, 2023

and convincingly established that the defendant committed an offense that qualifies for pretrial detention … A finding is not against the manifest weight of the evidence unless the “opposite conclusion is clearly evident.” Id. That standard is not met here.

People v. Martin

2012 IL App (1st) 93506 · 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.

Romanek-Golub & Co. v. Anvan Hotel Corp.

168 Ill. App. 3d 1031 · Appellate Court of Illinois · Apr 15, 1988

In our judgment, Argiris is clearly distinguishable. … Finally, we reject defendants’ argument that plaintiffs failed to establish the reasonable value of their services to recover under quantum meruit.

People v. Douglas

Appellate Court of Illinois · May 4, 1998

Clearly, the legis­la­ture could not have intended such an absurd result. … [Defense counsel]: I believe that yes, that the qualifying factors that she men­tioned would be present. However, this was a Class 1, [with a sentencing range of] five to thir­ty [years], any­way.

Wade v. Rich

249 Ill. App. 3d 581 · Appellate Court of Illinois · Aug 17, 1993

The viciousness of the dog's attack on plaintiff, which was out of proportion to the unintentional act committed by plaintiff, clearly establishes the defendants' liability for plaintiffs damages. … Instead, we think that liability was clearly established and that the verdict on the issue of liability is amply supported by the evidence.

People v. Schwab

2023 IL App (5th) 220639-U · Appellate Court of Illinois · Sep 5, 2023

The court noted, among other things, that the video clearly showed defendant starting the recording and setting the phone down. … ¶ 23 In any event, even if defendant could establish cause, he cannot establish prejudice as both claims lack merit.

Schmidt v. Ameritech Illinois

329 Ill. App. 3d 1020 · Appellate Court of Illinois · Mar 29, 2002

In other words, we think that Johnson did not establish, or claim to establish, a new principle of law and was not a case of first impression. … There can be no question that an employer such as Ameritech has a qualified right to protect its property interests against an employee who would commit fraud such as Schmidt did.

In Re Commitment of Bushong

351 Ill. App. 3d 807 · Appellate Court of Illinois · Aug 30, 2004

A statute is presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. … In Taylor, we concluded that the actuarial instruments, which supplemented and went beyond the experts’ “clinical judgment, training, and expertise,” qualified as scientific methodology that is admissible only if generally

People v. Lang

26 Ill. App. 3d 648 · Appellate Court of Illinois · Feb 14, 1975

establishes the past inability to communicate with defendant; and (3) the State has admitted in its brief that “there can be no doubt that the nature and extent of defendant’s disabilities made it impossible for him to understand … This Commission, chaired by Judge Joseph Schneider, is considered to be eminently qualified in this field.

Lacny v. POLICE BD. OF CITY OF CHICAGO

291 Ill. App. 3d 397 · Appellate Court of Illinois · Aug 4, 1997

Although our decision here does not address whether such a distinction would similarly be subject to constitutional attack, the General Assembly there clearly stated that the provision applied "[wjith respect to actions to … This label was later qualified by the supreme court when it emphasized that the "two-prong test” was not a distinct test in and of itself, but, rather, a description of how rational basis review is conducted by the courts