Case law

Gonzalez v. The Retirement Board of the Policemen's Annuity & Benefit Fund of the City of Chicago

2022 IL App (1st) 220737-U · Appellate Court of Illinois · Dec 15, 2022

In Johnson, the supreme court held that section 5/5-154 of the Code, which established the right to a duty disability benefit, does not require that an officer be injured by an act of duty. … Consequently, our review is governed by the clearly erroneous standard. See Gilliam, 2018 IL App (4th) 170232, ¶¶ 23–24.

City of Bloomington v. Illinois Labor Relations Board

Appellate Court of Illinois · May 3, 2007

Through the change in the law, the legislature declared persons - 7 - such as the defendants temporarily qualified and removed the basis upon which injunctive relief was appropriate. … "A statute should not be construed to effect a change in the settled law of the State unless its terms clearly require such a construction."

Liebert Corp. v. Mazur

357 Ill. App. 3d 265 · Appellate Court of Illinois · Apr 5, 2005

Before El.net was established, salespeople would spend hours generating a quote manually. C. … The court found the plaintiffs did not establish a clearly ascertainable right to an injunction or a likelihood of success on the merits.

In re Marriage of Price

986 N.E.2d 236 · Appellate Court of Illinois · Mar 22, 2013

A finding is “against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the court’s findings are unreasonable, arbitrary, and not based on any of the evidence.” … The court further found Jill had no reasonable prospects of employment as her work experience would only qualify her for basic entry-level positions because she had no formal training and no computer

Beck v. DayOne Pact

243 N.E.3d 169 · Appellate Court of Illinois · Jun 30, 2023

the trustee, any beneficiary or other adverse party, any court or other person, at any time, to remove the trustee and appoint another trustee in its place, provided that any successor trustee was a qualified … Petitioner argues that the court erred in finding that the proposed modifications would affect Respondent’s interest as set forth in section 4.1 of the Trust, because such a finding clearly disregarded

Board of Trustees of the City of Harvey Firefighters' Pension Fund v. City of Harvey

96 N.E.3d 1 · Appellate Court of Illinois · Aug 4, 2017

[Tort Immunity Act] [745 ILCS 10/8-101(a) (West 2010). … However, the evidence of several relevant factors clearly established that the benefit rights have been impaired such that the fund is on the verge of default or imminent bankruptcy.

Securus Technologies, Inc. v. Illinois Commerce Commission

2014 IL App (1st) 131716 · Appellate Court of Illinois · May 16, 2014

the order was intended to establish a generally applicable Commission policy. … As previously noted, when requested by an affected person, the Commission may issue a declaratory ruling where there is a clearly stated controversy or uncertainty.

People v. Jenkins

2025 IL App (1st) 231486-U · Appellate Court of Illinois · May 13, 2025

These types of decisions are considered matters of trial strategy and are generally immune from claims of ineffective assistance of counsel. Id. … His reliance on the analysis in those cases is clearly misplaced.

Glasser v. Essaness Theatres Corp.

346 Ill. App. 72 · Appellate Court of Illinois · Mar 25, 1952

The decision clearly indicates that the court did not pass upon the merits of the cause but dismissed the appeal because they considered the controversy moot. … The facts in that case clearly distinguish it from the one at bar. The classic pronouncement of Judge Cardozo in Meinhard v. Salmon, 249 N.

People v. Robinson

2025 IL App (1st) 231020-U · Appellate Court of Illinois · Jun 2, 2025

The court then noted defendant’s extensive criminal history and again explicitly stated that it was not considering the two qualifying offenses. … A party challenging the constitutionality of a statute bears the burden of clearly establishing its invalidity. Id.

In re April C.

Appellate Court of Illinois · Jan 20, 2004

It emphasized that event only because "[it] came at what would be considered about (9) months -- roughly (8) months after the counseling began; and it showed and it establishe[d] even more clearly and highlight[ed] the testimony … Regardless, the facts of that case are clearly distinguishable.

People v. Errichetto

2023 IL App (3d) 210161-U · Appellate Court of Illinois · May 11, 2023

of wanton cruelty that it qualifies a defendant for extended term even if it is the predicate act of the offense.” … The facts of this case clearly exemplify this.

People v. Gariano

366 Ill. App. 3d 379 · Appellate Court of Illinois · Jun 23, 2006

The Definition for Eavesdropping Device The facts establish that Investigator Everett’s police unit supplied him with Power Tools, a software program. … The eavesdropping statute clearly provides that any person, including law enforcement officers like Investigator Everett, may be an eavesdropper.

Dennis v. Pace Suburban Bus Service

2014 IL App (1st) 132397 · Appellate Court of Illinois · Nov 17, 2014

During this trip, plaintiff was clearly intoxicated and was from time to time passed out on the bus and could be seen by any reasonable person to be in need of assistance to get off the bus at her regular stop … furnish a safe track, cars and machinery of the most approved quality, and place the trains in the hands of skillful engineers and competent managers,–the agents and servants were bound to be qualified

People v. Wooden

2014 IL App (1st) 130907 · Appellate Court of Illinois · Oct 1, 2014

The section 111-3(c) notice provision clearly does not apply in this case because the State did not seek to enhance defendant’s sentence with his prior conviction. … Therefore, it defines the offense and establishes its class.” Id. ¶ 25.

Turner v. Williams

326 Ill. App. 3d 541 · Appellate Court of Illinois · Dec 17, 2001

The plaintiff has the right to have the jury clearly and fairly instructed on any theory supported by the evidence. To justify an instruction, some evidence in the record must support the theory. … Generally, the opinion testimony of an expert is admissible if the expert is qualified by knowledge, skill, experience, training, or education in a field that has “at least a modicum of reliability” and the testimony would

Fillmore v. Taylor

2017 IL App (4th) 160309 · Appellate Court of Illinois · Aug 22, 2017

By its factual allegations, count I must establish three propositions. … To obtain relief, a plaintiff must establish a clear right to mandamus. [Citation.]

People v. Tlatenchi

391 Ill. App. 3d 705 · Appellate Court of Illinois · Feb 27, 2009

Oliphant, 201 Ill. 2d 324 (2002), a document need not be notarized in order to qualify as an “affidavit.” … However, the record clearly shows that the trial court admonished defendant that before she could appeal her sentence she would have to file a motion to withdraw her guilty plea.

Premier Electrical Construction Co. v. American National Bank

213 Ill. Dec. 128 · Appellate Court of Illinois · Dec 13, 1995

We reject Premier’s assertion that it has the only established subcontractor’s lien. … The court finds the argument made in the motions to reconsider with respect to three of the four requirements to be met to qualify for payment under Article 3 of the subcontract (see paragraph[s] 4E, 5C, 7B of this order)

People v. Antonio

404 Ill. App. 3d 391 · Appellate Court of Illinois · Aug 30, 2010

Choi and Snow qualify as business records. … As a reviewing court, we will not reverse any such evidentiary determinations unless the record “clearly demonstrates” discretion was abused. Harris, 231 Ill. 2d at 588 , 901 N.E.2d at 370 .