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2019 IL App (5th) 170081 · Appellate Court of Illinois · May 10, 2019
classification issue was improperly determined by formal hearing pursuant to section 9 of the Act (820 ILCS 130/9 (West 2014)), rather than an investigatory hearing pursuant to section 4 of the Act (id. § 4).7 This clearly … process by which the Department unilaterally “ascertains” the proper classification and rates. ¶ 29 In summary, for the reasons set forth above, we find Director Chaviano’s October 16, 2015, letter qualifies
Cited 5 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 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 · Sep 12, 2001
To qualify as "scientific knowledge" then, an inference or assertion must be derived by the scientific method. Daubert , 509 U.S. at 590 , 125 L. Ed. 2d at 481 , 113 S. Ct. at 2795 . … This standard implies that reliability is not part of the Frye test itself, although a review of the Frye's factors clearly shows that it is.
Cited 0 timesPublishedFox Moraine v. United City of Yorkville
356 Ill. Dec. 21 · Appellate Court of Illinois · Nov 8, 2011
The defendant objected, arguing that the documents were immune from discovery under the "deliberative process privilege." Id. at 526 , 235 Ill.Dec. 435 , 705 N.E.2d 48 . … The Board found that "these activities do not establish bias."
Cited 2 timesPublishedSzewczk 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 timesPublishedState Farm Mutual Automobile Insurance Company v. McFadden
979 N.E.2d 551 · Appellate Court of Illinois · Oct 31, 2012
. ¶8 As to the second issue, the McFaddens conceded that Jones and Kapinus establish an offset-first, stack-second computation method. … Declarations Sheets Do Not Render Ambiguous the Antistacking Provision ¶ 24 The McFaddens next argue that, even if the antistacking provision was clearly stated, it is rendered ambiguous
Cited 10 timesPublishedWinnebago County Citizens for Controlled Growth v. County of Winnebago
383 Ill. App. 3d 735 · Appellate Court of Illinois · Jun 18, 2008
First, it argues that the third prong of the Hunt test bars standing only when the amount of individual participation needed clearly outweighs the other evidence to be presented in the case. … majority or minority of an associational membership that has standing is not the benchmark by which associational standing is determined; second, pure questions of law are not the only questions that entitle an entity to qualify
Cited 19 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 timesPublished246 Ill. App. 3d 348 · Appellate Court of Illinois · Jun 30, 1993
The evidence presented at trial established that numerous, serious building code violations existed in the residence which Defendants rented from Plaintiffs throughout the term of Defendants’ tenancy. … Obviously, the tenants residing in the house are best qualified to testify as to the diminution in value of the house. For the foregoing reasons, the judgment of the circuit court of Champaign County is affirmed.
Cited 10 timesPublished33 Ill. App. 3d 574 · Appellate Court of Illinois · Nov 13, 1975
As he was running toward the sheriff’s car, said Lucas, the headlights shown on the gunman and he could clearly see the man’s face and recognized him as defendant whom Lucas said he had known for 10 years. … In approving ths procedure here, where no previous guidelines existed, we do not intend to establish any precedent for such requirements. In United States v.
Cited 32 timesPublished2023 IL App (5th) 200067-U · Appellate Court of Illinois · Feb 9, 2023
The trial court therefore correctly found that defendant’s nearly identical question did not clearly invoke his right to counsel. … Jackson, 2020 IL 124112, ¶ 127 (harmless error is established when the result of the proceedings would have been the same absent the error).
Cited 0 timesUnpublished226 N.E.3d 36 · Appellate Court of Illinois · Jan 30, 2023
Perhaps the dissent’s objection is not that we departed from well-established law, but that well-established law had an unexpected application. … ¶ 115 The record clearly shows that the Hudsons’ testimony is disputed.
Cited 10 timesPublished2021 IL App (1st) 192507-U · Appellate Court of Illinois · Mar 12, 2021
¶3 With the case before him again, the circuit court judge—clearly offended that we had concluded a public defender in his courtroom had rendered ineffective assistance—took pains to twice state, on the record and … ¶9 The evidence at trial established that Rasaan fired a revolver through the window of a house, striking the 16-year-old victim, Darren Foggey, Jr., in the neck and killing him.
Cited 0 timesUnpublishedWilliams v. Human Rights Comm'n
2021 IL App (1st) 200865-U · Appellate Court of Illinois · Jul 16, 2021
The Commission explained that petitioner failed to establish a prima facie case of housing discrimination because she did not show she was qualified to reside at Safe Haven or that Safe Haven treated a similarly situated … Based on the evidence provided, petitioner was not qualified to remain as a tenant at Safe Haven and thus did not meet the second factor to establish a prima facie case of housing discrimination.
Cited 0 timesUnpublished340 Ill. App. 449 · Appellate Court of Illinois · May 29, 1950
It was further stipulated that, upon the basis of the above facts, fair, credible and fully qualified expert witnesses would testify under oath that a reasonably prudent, competent and experienced operator, having in mind … To do so is clearly a trespass upon and a violation of plaintiff's right and title to the oil in place.... It is not a question of whether that oil can otherwise be taken from the soil.
Cited 13 timesPublishedAirhart v. Municipal Officers Electoral Board for the Village of Riverdale
2025 IL App (1st) 242585-U · Appellate Court of Illinois · Feb 6, 2025
become qualified in the future. … The legislature seemingly took issue with that interpretation of section 3.1-10-5(b) and amended the statute to clearly state that when a candidate owes an arrearage to the municipality, the time to assess the candidate
Cited 0 timesUnpublished2023 IL App (1st) 170845-U · Appellate Court of Illinois · Dec 15, 2023
¶ 28 Scott failed to show possible error and possible prejudice so denial of this claim was not a “clearly evident, plain, and indisputable” error. Jackson, 2020 IL 124112, ¶ 98. … Usually, courts view the decision to introduce evidence as a “matter[] of trial strategy that [is] generally immune from ineffective assistance claims.” York, 312 Ill.App.3d at 437.
Cited 0 timesUnpublished384 Ill. App. 3d 350 · Appellate Court of Illinois · Aug 21, 2008
In his opinion, a surgeon was best qualified to do genetic counseling and risk assessment. … She notes that under Illinois Pattern Jury Instructions, Civil, No. 105.01, the standard of care can be established not only by “opinion testimony from qualified witnesses” but also by “evidence of professional standards.
Cited 22 timesPublishedAppellate Court of Illinois · Sep 28, 2001
This evidence clearly demonstrates that, at least two months prior to trial, defense counsel was aware that Schalk was the confidential informant working under the name of Tim Seymour. … App. 3d 426, 435 (1998) ("trial counsel's failure to file a motion to suppress does not establish incompetent representation, especially when that motion would be futile").
Cited 0 timesPublished
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