Case law
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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.
Cited 0 timesPublishedAppellate Court of Illinois · Apr 3, 1997
Defendants Thorsen and the Board Members claimed that they serve on the Board of the Montessori School without compensation and, as such, are immune from liability for negligence. … The nature of the intentional tort, such as a battery, willful or wanton conduct, or false imprisonment, must be established by the evidence.
Cited 0 timesPublished2023 IL App (1st) 172090-U · Appellate Court of Illinois · Dec 15, 2023
The United States Supreme Court established in Crawford v. … According to the State, the shooter thought clearly enough to take off the hoodie, wash the gunshot residue off his hands, and hide the gun between mattresses in the basement, but he sat right next to the
Cited 1 timesUnpublished2019 IL App (1st) 160983 · Appellate Court of Illinois · May 29, 2019
The officers did not find any other items clearly belonging to defendant or linking him to the property. ¶ 11 During the search, Dougherty spoke to defendant in the living room. … The record thus establishes that defendant was approximately 15 feet from the gun when the first officer, Bokowski, entered the apartment.
Cited 12 timesUnpublished401 Ill. App. 3d 271 · Appellate Court of Illinois · Feb 17, 2010
Rao requested authorization to administer psychotropic medication to the respondent because he believed that the benefits of such medication would clearly outweigh the possible harm. Dr. … The respondent next contends that the State failed to establish that the benefits of the medication outweighed the harm.
Cited 12 timesPublished389 Ill. App. 3d 107 · Appellate Court of Illinois · Mar 13, 2009
Ehlert, 211 Ill. 2d 192 , 811 N.E.2d 620 (2004), a case that is clearly distinguished from the facts at bar. … First, the evidence clearly established a voluntary accompaniment to Area 5. People v.
Cited 24 timesPublished2026 IL App (1st) 240342-U · Appellate Court of Illinois · Feb 10, 2026
I have filed A Supplemental Petition for Post-Conviction Relief to the pro se petition for post-conviction relief to clearly and adequately set forth the petitioner’s claims of deprivation of his constitutional … Do not qualify the documents within that range—only those “provided to” you—in a way that leaves us guessing.
Cited 2 timesUnpublished2020 IL App (2d) 180526-U · Appellate Court of Illinois · Dec 22, 2020
¶ 10 Generally, there are two instances that qualify: when a defendant raises a claim of actual innocence or when he satisfies the cause-and-prejudice test. Holman, 2017 IL 120655, ¶ 26. … In doing so, the court clearly emphasized defendant’s conduct related to the offense. It also pointed to defendant’s lengthy criminal history, his conduct during the trial, and his behavior in jail.
Cited 3 timesUnpublished2020 IL App (1st) 151960 · Appellate Court of Illinois · Feb 4, 2021
That treatment, therefore, hardly qualifies as an act disconnecting defendant’s conduct from the ultimate demise as an independent intervening cause”); People v. Baer, 35 Ill. … Sisung surely could have established that fact.
Cited 10 timesPublishedPerry v. Department of Financial & Professional Regulation
2017 IL App (1st) 161780 · Appellate Court of Illinois · Jul 14, 2017
If denied information by the public body, the requestor may bring either a request for review by the Public Access Counselor (PAC) established in the office of the Attorney General under section 9.5(a) of the FOIA … Pullman Bank & Trust Co., 216 Ill. 2d 250, 267-68 (2005) (discussing the difference between an injunction and present claims for damages in the context of sovereign immunity).
Cited 3 timesPublished336 Ill. App. 3d 476 · Appellate Court of Illinois · Nov 7, 2002
Respondent established a permanent residence in Wisconsin, consistently visited his daughters, and met with doctors and therapists to learn more about Zayda's condition. … In her brief, counsel for the State opines that her own experience teaching children with learning disabilities qualifies her to comment on the minors' best interests and Zayda's special needs.
Cited 18 timesPublished2021 IL App (1st) 182172 · Appellate Court of Illinois · Mar 5, 2021
Exhibit 20: McDermott’s immunized testimony at Burge’s federal criminal trial in which he admitted that he was not truthful in testifying at Pinex’s suppression hearing. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.
Cited 1 timesPublishedAppellate Court of Illinois · Aug 30, 2004
A statute is presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. … In Taylor , we concluded that the actuarial instruments, which supplemented and went beyond the experts' "clinical judgment, training, and expertise," qualified as scientific methodology that is admissible only if generally
Cited 0 timesPublished2021 IL App (5th) 200328-U · Appellate Court of Illinois · Aug 3, 2021
The circuit court determined that Pedigo did not qualify as a family member as that term is defined in the Domestic Violence Act. … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.” Best v.
Cited 1 timesUnpublished2026 IL App (1st) 241697-U · Appellate Court of Illinois · Mar 27, 2026
Specifically, Randle argues that the court’s preliminary Krankel inquiry did 19 1-24-1697 not clearly establish that trial counsel’s failure to discover the fatal issues … Manifest error is error that is clearly evident, plain, and indisputable. People v. Morgan, 212 Ill. 2d 148, 155 (2004).
Cited 0 timesUnpublishedSzewczk v. Board of Fire and Police Commissioners
2011 IL App (2d) 100321 · Appellate Court of Illinois · Jun 9, 2011
An administrative agency’s decision is clearly erroneous where the reviewing court comes to the definite and firm conclusion that the agency has committed an error. Cinkus v. … While section 3.1–30–5(a) does not expressly prescribe the appointment of a police chief, there is no dispute that a police chief qualifies as a necessary officer whom a village president may appoint.
Cited 0 timesPublishedRose v. HOLLINGER INTERN., INC.
874 N.E.2d 202 · Appellate Court of Illinois · Aug 14, 2007
as a "flea market style warehouse" did not qualify as statements of objectively verifiable fact, but part of the ad was held actionable. … It strikes us that the balance of the paragraph and the other assertions in the email "abusive behavior," "bizarre management style," for example clearly are nonactionable opinions and require no further analysis.
Cited 1 timesPublishedAppellate Court of Illinois · Apr 11, 2011
The court found that Garland clearly consented to a search of the entire apartment, but that the State did not meet its burden of establishing that defendant consented to the search. … The State bears the burden of establishing common authority. Rodriguez, 497 U.S. at 181. Common authority may be either actual or apparent.
Cited 0 timesPublishedAppellate Court of Illinois · Dec 10, 2010
Ryan Rivera, a fire marshal for the city of Chicago, was qualified as an expert in the area of fire investigations. … Although the State was not required to prove that 5354 South Princeton was adjacent to 5405 South Shields, the evidence presented at trial clearly established that the two buildings were adjacent.
Cited 0 timesPublishedDemitro v. General Motors Acceptance Corp.
388 Ill. App. 3d 15 · Appellate Court of Illinois · Feb 9, 2009
His high credit rating allowed him to qualify for zero percent financing. … App. 3d 41, 46 , 779 N.E.2d 461 (2002) (to constitute an anticipatory repudiation, a “party’s manifestation must clearly and unequivocally be that it will not render the promised performance when it becomes due”); Leazzo
Cited 29 timesPublished
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