Case law

Bob Red Remodeling, Inc. v. The Illinois Workers' Compensation Commission

2014 IL App (1st) 130974WC · Appellate Court of Illinois · Jan 12, 2015

It further noted that respondent did not offer any evidence to establish that a job market existed for claimant. … As claimant was following the advice of his own qualified physician, we could not say that his choices were unreasonable.

Baksh v. Human Rights Comm'n

Appellate Court of Illinois · May 7, 1999

Since at least September 1986, G.S. had been infected with the human immunodeficiency virus (HIV), the causative agent of the acquired immune deficiency syndrome (AIDS). … G.S. testified that the telephone call occurred on September 22, 1986, and he explained why the telephone call had such a substantial impact on him and why he remembered it so clearly.

People v. Carroll

2022 IL App (1st) 182623-U · Appellate Court of Illinois · Aug 8, 2022

If Kadish, acting with due diligence, failed to discover Wright’s potential testimony, that testimony qualifies as newly discovered evidence. … “Such decisions enjoy a strong presumption that they reflect sound trial strategy, rather than incompetence [citation] and are, therefore, generally immune from claims of ineffective assistance of counsel.” People v.

Bob Red Remodeling, Inc. v. The Illinois Workers' Compensation Commission

2014 IL App (1st) 130974WC · Appellate Court of Illinois · Jan 30, 2015

It further noted that respondent did not offer any evidence to establish that a job market existed for claimant. … As claimant was following the advice of his own qualified physician, we could not say that his choices were unreasonable.

In Re RM

288 Ill. App. 3d 811 · Appellate Court of Illinois · May 27, 1997

This section is clearly not applicable here. … DCFS has established an administrative review and appeals process for children and families who request or receive child welfare services from DFCS. 20 ILCS 505/5(o)(1994).

Clark v. Illinois State Board of Elections

17 N.E.3d 771 · Appellate Court of Illinois · Aug 20, 2014

Zion Park District, 171 Ill. 2d 378, 388 (1996) (interpreting the Local Governmental and Governmental Employees Tort Immunity Act). … Under the clause, every qualified voter has a right to vote and all votes must have equal influence. Chicago Bar Ass'n v. White, 386 Ill. App. 3d 955, 959 (2008).

People v. Skillom

361 Ill. App. 3d 901 · Appellate Court of Illinois · Oct 21, 2005

We cannot, however, ignore the fact that the General Assembly, in enacting the aiding escape statute, qualified the term “custody” with the word “lawful.” … Palmer, 162 Ill. 2d 465, 480 (1994) (noting that mere errors in trial strategy does not establish incompetence, “ ‘even if [this judgement is shown to be] clearly wrong in retrospect’ ”), quoting United States v.

People v. Georgakapoulos

Appellate Court of Illinois · Mar 16, 1999

In the instant case, the defendant argues that the evidence did not establish that Jacob sufficiently possessed his mental faculties. … Evidence of juvenile adjudications of a witness, including the defendant, is clearly admissible for the purpose of showing motive or bias. People v. Sharrod, 271 Ill. App. 3d 684, 689 , 648 N.E.2d 1141, 1144 (1995).

People v. Tune

2020 IL App (2d) 170986-U · Appellate Court of Illinois · May 29, 2020

Assuming this statement is dictum, it clearly is of the judicial sort (see Lebron v. … We fail to see how the failure to qualify Streit as an expert witness when he clearly could have been could constitutes the sort of fundamental error that could have deprived defendant of a fair trial. Cf. People v.

People v. Peters

353 Ill. Dec. 144 · Appellate Court of Illinois · Aug 22, 2011

The party challenging the statute bears the burden of clearly establishing that it violates the constitution. Sharpe, 216 Ill.2d at 487 , 298 Ill.Dec. 169 , 839 N.E.2d 492 . … Clearly, defendant's repeated sexual assaults of J.J. physically harmed her and caused both her and her family severe emotional harm.

Pasic v. Department of Financial & Professional Regulation

467 Ill. Dec. 659 · Appellate Court of Illinois · Dec 27, 2022

Pasic assisted a DEA informant with attempting to obtain Social Security benefits for which the patient did not qualify. … While it is impossible to know the amount of weight the Director placed on that consideration when arriving at the final decision, a plain reading of the order clearly shows that Dr.

Meza. v. Rodriquez

305 Ill. App. 3d 777 · Appellate Court of Illinois · Jun 25, 1999

However, the language contained in the forms clearly indicated that the natural parents were surrendering their parental rights and giving their irrevocable permission for the adoption to proceed. … Meza asserts that we should adhere to the rule established in In re Jennings, 32 Ill.

Check v. Clifford Chrysler-Plymouth of Buffalo Grove, Inc.

342 Ill. App. 3d 150 · Appellate Court of Illinois · Jun 13, 2003

“[T]he provisions of section 2308 clearly demonstrate the policy of MagnusonMoss to sustain the protection afforded to consumers by implied warranties.” Szajna v. … The trial court opined that it was “significant that Casten’s Body Shop was clearly not a competent operation.”

Hartney Fuel Company v. Hamer

976 N.E.2d 682 · Appellate Court of Illinois · Sep 17, 2012

We note that the supreme court has only applied the clearly erroneous standard to decisions of administrative agencies. Samour, Inc. v. Board of Election Commissioners, 224 Ill. 2d 530, 542 (2007). … We find this language establishes a minimum threshold for making sales activity potentially subject to ROT liability.

Wells v. State Farm Fire & Casualty Insurance Co.

2021 IL App (5th) 190460 · Appellate Court of Illinois · Jan 4, 2021

(“The trend clearly appears *** to place the burden on insureds to prove that an exception to an exclusion applies to restore coverage.”). … Toyota Motor Distributors, Inc., 361 F.3d 50, 59 (1st Cir. 2004) (“ ‘Best efforts’ is implicitly qualified by a reasonableness test—it cannot mean everything possible under the sun ***.”); Perma Research & Development

People v. Miller

9 N.E.3d 1210 · Appellate Court of Illinois · May 1, 2014

Such facts clearly showed that, unlike the informant in Sparks, Jordan had witnessed defendant engaging in criminal activity. … Specifically, defendant was found guilty of a qualifying offense, she had never been placed on probation or court supervision for a controlled substance or cannabis offense, and, because she asked for it, she clearly would

People v. Washington

375 Ill. App. 3d 243 · Appellate Court of Illinois · Aug 8, 2007

The State is clearly implying that defendant’s testimony is irrelevant and should have been disregarded by the jury. … 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.

Van Holt v. NAT. RR PASSENGER CORP.

283 Ill. App. 3d 62 · Appellate Court of Illinois · Sep 3, 1996

Expert testimony is admissible if the proffered witness is qualified as an expert in a field that has at least a modicum of reliability, and the testimony will tend to assist the trier of fact to understand the evidence or … This policy language clearly demonstrates that defendants undertook to indemnify themselves against possible liabilities under the FELA. It does not appear that the fund was established for any independent reason.

Schroeder v. Otto

240 Ill. App. 567 · Appellate Court of Illinois · Apr 15, 1926

The contract also establishes or purports to establish an indebtedness of $4,175.44 against the Minier Company and in favor of the Schroeder Company as part consideration for appellee Schroeder’s individual purchase of shares … While no promise of immunity was expressly made, yet it is perfectly clear that both she and Kronmeyer were influenced by the understanding, which was clearly to be implied, that if the matter was adjusted satisfactorily

W.W. Vincent & Co. v. First Colony Life Insurance Co.

Appellate Court of Illinois · Aug 11, 2004

A cause of action should be dismissed pursuant to a section 2-615 motion only if it is clearly apparent that no set of facts can be proven which will entitle the plaintiff to recovery. … A statement which is technically true may nevertheless be fraudulent where it omits qualifying material since a "half-truth" is sometimes more misleading than an outright lie. Perlman , 64 Ill.