Case law

Jaros v. Village of Downers Grove

2017 IL App (2d) 170758 · Appellate Court of Illinois · Jun 13, 2018

A party seeking a preliminary injunction has the burden to establish the following elements: (1) he has a clearly ascertainable right in need of protection, (2) he will suffer irreparable harm if the injunction … The respective successors of the initial appointees shall be appointed for 6 year terms and shall serve until their successors are appointed and qualified.

People v. McLaughlin

Appellate Court of Illinois · Aug 3, 2001

August 11, 1999, the State filed a motion to dismiss the amended petition, arguing that the statute of limitations barred defendant's claims, that the statute of limitations was constitutional, that Rowe's retraction did not qualify … Rather, the defendant must also show clearly through factual allegations that he previously made diligent attempts to uncover matters he now purports entitle him to judicial relief or otherwise demonstrate in significant

Bofman v. Material Service Corp.

125 Ill. App. 3d 1053 · Appellate Court of Illinois · Jun 26, 1984

Ribar (1981), 85 Ill. 2d 1 , 421 N.E.2d 886 , established “pure” comparative negligence as the law of this State, requiring that plaintiff’s damages be reduced in proportion to his own degree of fault. … The barge was not clearly visible after darkness fell.

Rybicki v. Anesthesia & Analgesia Associates., Ltd.

246 Ill. App. 3d 290 · Appellate Court of Illinois · Jun 24, 1993

DiMiceli testified that exhibit No. 3 was prepared to establish a basis for bonus payments and used to explain the basis to plaintiff. … The complexities of qualified profit-sharing plans prohibit this court from charging corporate officers, such as DiMiceli, with knowledge of all significant requirements of such plans.

Rose v. Hollinger International, Inc.

375 Ill. App. 3d 900 · Appellate Court of Illinois · Aug 14, 2007

App. 3d at 54, the court held certain statements in the defendant’s advertisement--referring to the plaintiffs as "shameless owners of Empire Rags" and their business establishment as a "flea market style warehouse"--did … not qualify as statements of objectively verifiable fact, but part of the ad was held actionable.

Direct Auto Insurance Co. v. Merx

2020 IL App (2d) 190050 · Appellate Court of Illinois · Feb 2, 2021

However, an insurance contract “will not be invalidated unless it is clearly contrary to what the constitution, the statutes, or the decisions of the courts have declared to be the public policy of Illinois … However, once a person qualifies as an insured for purposes of the policy’s bodily injury liability provisions, she must be treated as an insured for purposes of uninsured and underinsured motorist coverage

CitiMortgage, Inc. v. Lewis

2014 IL App (1st) 131272 · Appellate Court of Illinois · Feb 5, 2015

Defendant further averred that a housing counselor had informed her that based on the same income and expense information she provided to plaintiff that she “was qualified for a HAMP modification.” ¶ 21 … As these documents were before the circuit court and clearly established plaintiff’s compliance with the notice requirements of section 15-1507(c)(3), we conclude the circuit court did not abuse its discretion

People v. Ellis

2026 IL App (1st) 260500-U · Appellate Court of Illinois · Jun 16, 2026

The court stated that defendant “clearly knew” the gun was inside the glove compartment and was trying to avoid taking responsibility when the officers eventually recovered it. … Our legislature has pronounced that, “in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified

Humane Farming Ass'n v. Boone County Board

2025 IL App (4th) 241213-U · Appellate Court of Illinois · Aug 5, 2025

A party seeking an injunction must “establish that he has a clearly ascertainable right or interest which needs protection. … Landmarks clearly states that aesthetic injury, alone, is not sufficient. Landmarks, 125 Ill. 2d at 175.

In Re Estate of Nelson

132 Ill. App. 2d 544 · Appellate Court of Illinois · Mar 2, 1971

Merely blood relationship, such as that of parent and child, does not establish a confidential or fiduciary relation. Perry v. Wyeth, 25 Ill.2d 250 , 184 N.E.2d 861 . … Clearly, no legal relation existed between respondent and her father which gave rise to a fiduciary relation.

People v. KORZENEWSKI

361 Ill. Dec. 90 · Appellate Court of Illinois · Jun 7, 2012

In doing so, the question becomes whether a routine traffic stop for speeding qualifies as "an appropriate emergency response." … This result was clearly not intended by the legislature. Accordingly, we vacate the $133 restitution order. See People v.

People v. Wiggins

2016 IL App (1st) 153163 · Appellate Court of Illinois · Dec 9, 2016

would qualify him as being “licensed” in Texas to possess a firearm under section 2(b)(10) of the FOID Card Act. … ¶ 89 We also stress that defendant does not claim that Illinois has improperly discriminated against him under the federal privileges and immunities clause (U.S. Const. art.

People v. Smith

466 Ill. Dec. 162 · Appellate Court of Illinois · Nov 19, 2021

Smith thus clearly cannot make a showing that he was “innocent” of the offenses charged in the indictment. ¶ 22 As Mr. … They will just not arrive there with a certificate from a trial judge automatically establishing their entitlement to such compensation. Id. ¶ 30 Mr.

People v. Barnhill

188 Ill. App. 3d 299 · Appellate Court of Illinois · Sep 19, 1989

These definitions are commonly understood and give the trier of fact sufficient warning and understanding as to the type of murder which qualifies for imposition of a natural life sentence. … Clearly, the court found that the defendant had enough presence of mind to conceive the murder and to execute it.

People v. Franklin

80 Ill. App. 3d 128 · Appellate Court of Illinois · Dec 27, 1979

The exceptions found in Moriarty and Dennis are clearly distinguishable and inapplicable to the facts reflected in the record before us. … We must qualify any such sentence as beyond reason and obviously abusive of judicial discretion.

Lapp v. Village of Winnetka

359 Ill. App. 3d 152 · Appellate Court of Illinois · Jul 29, 2005

The court concluded that for those who qualified as “interested parties,” a constitutional due process right is “normally granted to individuals whose property rights are at stake.” Klaeren, 202 Ill. 2d at 183 . … evidence when the court, viewing the evidence in the light most favorable to the administrative agency, determines that no rational trier of fact could have agreed with the agency’s decision and that an opposite conclusion is clearly

Lipscomb v. Wells

Appellate Court of Illinois · Nov 27, 2001

The plaintiff further contends that the defendant does not qualify for relief under section 7(b-5) of the Parentage Act of 1984 (750 ILCS 45/7(b-5)(West 2000)). We affirm. … The court held that this contention clearly contravenes the explicit language of section 7(b-5). Accord Jackson v. Newsome , 1-00-2890, slip op. at 18-19 (September 25, 2001).

Custer v. Cerro Flow Products, Inc.

112 N.E.3d 151 · Appellate Court of Illinois · Apr 18, 2018

¶ 17 On August 6, 2015, the trial court entered an order in the 2009 cases, granting the motion to establish the Qualified Settlement Fund. … ” ¶ 24 In response, Cerro’s counsel pointed out that Judge Baricevic had entered an order establishing a Qualified Settlement Fund.

Midwest REM Enterprises, Inc v. Noonan

42 N.E.3d 46 · Appellate Court of Illinois · Sep 30, 2015

are not in furtherance of acts immunized from, liability' under the Act. 735 ILCS 110/20(c) (West 2008); [citation]. … The Restatement (Second) further explains that there are three general categories of relationships that may establish privity.

People v. Hister

20 Ill. App. 3d 933 · Appellate Court of Illinois · Jun 10, 1974

In this case, after reviewing the record, we conclude that the evidence adduced by the People was contradictory in many significant respects and failed to establish defendant’s guilt beyond a reasonable doubt. People v. … Although defendant does not raise the question, we notice that the State made no attempt to qualify calling Parnell as a court witness. See People v. Cardinelli, 297 Ill. 116 , 130 N.E. 355 ; People v.