Case law

In Re Salmonella Litigation

249 Ill. App. 3d 173 · Appellate Court of Illinois · Jun 15, 1993

Once a claimant qualifies as a "Documented Case," by presenting sufficient evidence of the kinds set forth in the agreement to establish that he suffered salmonellosis due to Jewel's milk, defendants agreed to make a settlement … It is clearly and unambiguously not applicable to payments made to the member by Jewel. Jewel is not a third-party or other entity.

Terre Haute Vitrified Brick Co. v. Montgomery County Loan & Trust Co.

163 Ill. App. 441 · Appellate Court of Illinois · Oct 14, 1911

The evidence fully establishes the validity of the bonds held by the Investment Co. and its assigns. … The so-called voucher is clearly neither property, negotiable paper nor securities.

Watson v. The Illinois Department of Corrections

2024 IL App (4th) 230642-U · Appellate Court of Illinois · Aug 30, 2024

Count II alleged plaintiffs were “denied access to an appropriately qualified dentist and hygienist.” Count III alleged intentional infliction of emotional distress. … The Department also raised a sovereign immunity defense.

Bortone v. Court of Claims

2020 IL App (1st) 190853-U · Appellate Court of Illinois · Apr 23, 2020

A dismissal is proper under section 2-615 only when “it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.” Id. … With this constitutional authority, the legislature passed the State Lawsuit Immunity Act (Pub. Act 77-1776 (eff. Jan. 1, 1972)), “reinstituting the doctrine of sovereign immunity.” Parmar v.

City of Chicago v. Old Colony Partners, L.P.

Appellate Court of Illinois · Mar 16, 2006

The City admits that the Code clearly requires notice and an opportunity to cure before injunctive relief is sought. … Montilla repeatedly qualified his statements regarding the photographed deterioration of the exterior walls of the Building.

People v. Webber

2014 IL App (2d) 130101 · Appellate Court of Illinois · Jun 3, 2014

The Secretary is not required to issue a license to everyone who applies; the Secretary shall issue a license “to every qualifying applicant.” (Emphasis added.) 625 ILCS 5/6-110(a) (West 2012). … - 15 - 2014 IL App (2d) 130101 that the law will develop in a ‘principled, intelligent fashion,’ immune from erratic changes.”6 People v.

Trossman v. Philipsborn

Appellate Court of Illinois · Jun 8, 2007

There is no case law that clearly holds that the doctrine applies at the pleading stage. In accordance, we decline to apply the 'mend the hold' doctrine to the pleading stage." … This holding reflects a well-established doctrine of the separateness of the shareholders from the corporation.

Andrea Dumon, Inc. v. Pittway Corp.

110 Ill. App. 3d 481 · Appellate Court of Illinois · Nov 9, 1982

Plaintiff essentially seeks to establish an implied duty of nondisclosure which is more far reaching than the duty which the parties made a part of their express contract. … It is well settled that the admission of evidence is largely within the discretion of the trial judge, and his decision will be disturbed only when that discretion has been clearly abused. (Cratsley v.

Reed Yates Farms, Inc. v. Yates

172 Ill. App. 3d 519 · Appellate Court of Illinois · Jul 14, 1988

Vieley also observes Judge Dearborn, who presided over the circuit court proceedings in this cause for 4V2 years, was well qualified to assess the results produced by Vieley’s efforts on G. Robert’s behalf. … In the absence of such evidence, we cannot say the circuit court clearly erred in awarding attorney Vieley the entire amount of fees which he claimed for the preparation of G.

Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Commission

371 Ill. App. 3d 1117 · Appellate Court of Illinois · Mar 6, 2007

Conversely, an employee is not entitled to total and permanent disability compensation if he is qualified for and capable of obtaining gainful employment without serious risk to his health or life. [Citation.] … The Commission’s finding that the claimant is permanently and totally disabled is supported by competent evidence, and an opposite conclusion is not clearly apparent.

Slay v. Allstate Corp.

426 Ill. Dec. 19 · Appellate Court of Illinois · Nov 9, 2018

Thus, Allstate argues that dismissal under section 2-619 was warranted, as the affidavit and exhibits thereto establish that Allstate complied with the EA Agreement. … [A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. [Citations.]” Id.

In re Marriage of Manker

Appellate Court of Illinois · Jun 11, 2007

The court found that Patricia had failed to establish a prima facie case for dissipation. … The memorandum decision clearly states its "intent" was to divide the assets equally.

People v. Jones

2026 IL App (4th) 25058 · Appellate Court of Illinois · Jun 24, 2026

-21- ¶ 60 L.H. clearly stated during the VSI that she was not referring to defendant’s “little” son but rather to a boy who was seven or eight years old … See Jones, 2023 IL 127810, ¶ 51 (holding matters of trial strategy are generally immune from claims of ineffective assistance of counsel); see also People v.

People v. Kohl

364 Ill. App. 3d 495 · Appellate Court of Illinois · Apr 20, 2006

So the only way to prove him guilty was to establish that one or more of the items was a set of metal knuckles. To this end, the State introduced four of the items found in Kohl’s storage unit. … Ct. 1984), the court rejected the argument that an item similar to the one at issue in Whitfield qualified as a set of metal knuckles.

People v. Brown

2019 IL App (1st) 161204 · Appellate Court of Illinois · Jul 23, 2019

The court concluded that the trial court’s finding that the petitioner had failed to establish a prima facie case was not contrary to the manifest weight of the evidence: “It is certainly not clearly evident … And that context clearly makes a difference.

Shafer-Pearson Agency, Inc. v. Chubb Corp.

237 Ill. App. 3d 1031 · Appellate Court of Illinois · Jan 10, 1992

From these three provisions of Indiana law, defendants draw the conclusion that “absent an appointment, therefore, even licensed producers would not qualify as ‘insurance agents’ under the statute, and would accordingly be … As the court stated in Sellers, clearly the licensing and appointment portions of the State statutes are designed to protect the insured, rather than the insurer.

Berg v. Allied Security, Inc.

Appellate Court of Illinois · Jun 29, 1998

Therefore, we would normally have to follow the dicta in question because of the general rule that judicial dicta establish binding precedent. … Thus, similar to the plaintiff in Andersen , the document in issue did not qualify as a postjudgment motion in the first instance, regardless of its lack of specificity.

Szewczyk v. BD. OF FIRE AND POLICE COM'RS

352 Ill. Dec. 286 · Appellate Court of Illinois · Jun 9, 2011

A factual finding is against the manifest weight of the evidence where the opposite conclusion is clearly apparent. Peacock v. … Third, this court reviews mixed questions of fact and law under the "clearly erroneous" standard. McKee v.

People v. Bliey

232 Ill. App. 3d 606 · Appellate Court of Illinois · Jul 30, 1992

After carefully reviewing the record, we conclude that the evidence fails to establish defendant’s exclusive possession of his room. … Absent aggravating factors that qualify a defendant for the death penalty, murder normally carries a sentence of 20 to 40 years.

People v. Clark

406 Ill. App. 3d 622 · Appellate Court of Illinois · Dec 16, 2010

The court later sentenced defendant to 40 years’ imprisonment, finding that defendant’s criminal history qualified him for extended-term sentencing. … We begin by noting that the State clearly set forth sufficient evidence of defendant’s intent to deliver (at some point).