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341 Ill. App. 3d 599 · Appellate Court of Illinois · Jun 24, 2003
The court agreed and rejected the State’s waiver argument: “But there are, it seems to us, limits to the immunity to improper and prejudicial insinuations which judges are presumed to possess. … The remarks here were clearly invited by defense counsel. Kliner, 185 Ill. 2d at 154 .
Cited 30 timesPublished357 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.
Cited 65 timesPublishedBailey v. Mercy Hospital & Medical Center
2020 IL App (1st) 182702 · Appellate Court of Illinois · Apr 9, 2021
Jill’s underlying condition was viral gastroenteritis, a condition that gets better over time through the body’s own immune process and should not be treated with antibiotics. … A plaintiff establishes a prima facie case when she presents “some” evidence on every essential element. Hemminger v.
Cited 1 timesPublishedState ex rel. Phillip E. Edmondson v. Board of Trustees of Illinois Eastern Community Colleges
2019 IL App (5th) 180333 · Appellate Court of Illinois · Aug 15, 2019
Thus, he argued, records received from the Village could not qualify as “State reports.” Id. The First District agreed. Id. ¶ 20. … It also has the authority to establish tenure policies for its instructors (id. § 3-32) and policies for the admission of students (id. §§ 3- 17, 3-28).
Cited 0 timesUnpublished2013 IL App (3d) 120342 · Appellate Court of Illinois · Jan 23, 2014
It also clearly illustrates the mindset of the A’Hearn court. … I feel that I am as qualified as anyone to observe that biology has nothing to do with a parent’s love for a child.
Cited 13 timesPublished2014 IL App (4th) 131429 · Appellate Court of Illinois · Jun 9, 2014
However, as Soseman points out on appeal, the circuit court dismissed the claims against him based on the rule that an attorney is entitled to qualified immunity for actions taken by a client pursuant to the attorney's … In this case, Fuqua did not allege any facts showing actual malice by Soseman and presented no arguments that overcome an attorney's qualified immunity privilege.
Cited 0 timesUnpublished408 Ill. App. 3d 504 · Appellate Court of Illinois · Mar 30, 2011
Officer Batterham was qualified as an expert in narcotics investigation and then testified that, based on his opinion, the heroin was to be sold and not for personal use. … The testimony elicited by the prosecutor clearly identified the Cl to the defendant. (Hint: it was the guy in the backseat.)
Cited 9 timesPublished22 Ill. App. 3d 454 · Appellate Court of Illinois · Sep 17, 1974
While it is true that one’s voluntary acceptance of a benefit conferred by a will precludes an attack by him upon other lawful provisions of the will, this general rule is qualified to the extent that, even though one accepts … In conclusion the court held that it could draw but one reasonable inference from the language of the testatrix, i.e.: “Since the provision would tend to induce a separation it is clearly contrary to the public policy of
Cited 7 timesPublishedAppellate Court of Illinois · Aug 8, 2007
Because the defendant must establish both of these prongs, his failure to establish either one is fatal to his claim. People v. Ceja, 204 Ill. 2d 332, 358, 789 N.E.2d 1228, 1245 (2003). … Thornton and Reed’s actions qualify as force under the statutory definition of robbery and the BB gun qualifies as a dangerous weapon under the statutory definition of armed robbery.
Cited 0 timesPublished2019 IL App (1st) 180420 · Appellate Court of Illinois · Jun 24, 2019
Vector would calculate a sales representative’s compensation by comparing the number of “qualified presentations” to the number of sales, and the sales representative would receive the greater of the two commissions. … For qualified presentations, Vector paid 75%, while the district or branch manager paid the other 25%.
Cited 9 timesUnpublished224 N.E.3d 862 · Appellate Court of Illinois · Dec 5, 2022
Defendant bears the burden of establishing that his jury waiver was invalid. People v. Foster, 2022 IL App (2d) 200098, ¶ 29. … Again, the burden of establishing Strickland prejudice under the Act is on defendant. See People v.
Cited 5 timesPublished289 Ill. App. 3d 1056 · Appellate Court of Illinois · Jul 18, 1997
Period of Time Covered by Liability Insurance Policy Where Injury or Damage is Delayed — Modern Cases, 14 A.L.R.5th 695 (1993) (discussing cases and providing examples in which courts have held liability insurance was not established … Clearly, a literal interpretation of the foregoing sentence from the April 28, 1992, letter would be inane.
Cited 20 timesPublishedSecurus 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.
Cited 0 timesUnpublished2017 IL App (1st) 142879 · Appellate Court of Illinois · Jun 27, 2017
Stapleton thought that Jackson’s “mental status was altered;” Jackson did not follow simple directions and did not seem to be thinking clearly. … He was not offered or qualified as an expert.
Cited 6 timesUnpublished404 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 .
Cited 2 timesPublishedMcArthur v. St. Mary's Hospital
Appellate Court of Illinois · Sep 3, 1999
Ambrosini and Radiological Associates of Decatur filed a motion for summary judgment arguing plaintiffs could not establish proximate causation as to them. This motion was granted on September 29. … We find neither prejudice nor unfair surprise to the hospital in allowing the allegations against it in plaintiffs' third-amended complaint to relate back to the filing of the original complaint, which was clearly within
Cited 0 timesPublished2020 IL App (1st) 181109-U · Appellate Court of Illinois · Sep 8, 2020
The plain language of I.P.I. 20.01.01 clearly provides that the jury may find Rebuilders negligent on the basis of any three alternatives. … This court found that plaintiff was not qualified to give expert testimony. Id. at 837.
Cited 0 timesUnpublished124 Ill. App. 472 · Appellate Court of Illinois · Feb 13, 1906
App., 252 , says: “The court in sending the jury out to complete their verdict committed no error, but was clearly acting within a proper discretion.” … addition to their extremely painful character and the plaintiff’s long continuance in bodily suffering, which at the time of the trial had not ceased, there is to be considered his transformation from a healthy young man, qualified
Cited 8 timesPublished376 Ill. App. 3d 822 · Appellate Court of Illinois · Jun 27, 2007
“Decisions regarding class certification are within the sound discretion of the trial court and should be overturned only where the court clearly abused its discretion or applied impermissible legal criteria.” … The attorney for the representative party ‘must be qualified, experienced[,] and generally able to conduct the proposed litigation.’ [Citation.]
Cited 25 timesPublished429 Ill. Dec. 491 · Appellate Court of Illinois · Nov 13, 2018
Those two “Qualified Appraisers” would then jointly select another “Qualified Appraiser,” who would ultimately be solely responsible for determining the fair market value of plaintiff’s interest at the time of termination … Modica had the burden of proving his affirmative defense of untimeliness, and the motion should have been granted only if the record established that no genuine issue of material fact existed.
Cited 2 timesUnpublished
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