Case law

Commonwealth Edison Company v. Illinois Commerce Commission

2014 IL App (1st) 130544 · Appellate Court of Illinois · Jul 22, 2014

¶ 23 The legislature clearly found the use of electricity generated by clean coal facilities important for both utilities and ARES. … Furthermore, ComEd does not show that the opposite conclusion is clearly evident.

People v. Reding

191 Ill. App. 3d 424 · Appellate Court of Illinois · Dec 7, 1989

Cruz was well qualified; and that Dr. Serna was a highly trained clinical pathologist.” Murphy, 108 Ill. 2d at 234-35 . In Enrich, the factual situation was similar to that presented in Murphy. … The admission of this opinion was clearly harmless error. The admission of Norwood’s opinion that the sun was not a factor in the accident was not prejudicial error.

Casanova v. City of Chicago

Appellate Court of Illinois · Jun 30, 2003

The circuit court, therefore, gave Casanova permission to file an amended petition containing facts sufficient to establish that the arbitrator's award violated a well-defined and dominant public policy. … The public policy exception is narrow and is invoked only when a violation of public policy is clearly shown. American Federation , 173 Ill. 2d at 307 .

People v. Scott

2023 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.

Film & Tape Works, Inc. v. Junetwenty Films, Inc.

368 Ill. App. 3d 462 · Appellate Court of Illinois · Sep 29, 2006

If a plaintiff fails to establish any element of his claim, summary judgment is appropriate. Dardeen v. Kuehling, 213 Ill. 2d 329, 335 , 821 N.E.2d 227, 230-31 (2004). … In order to be liable, a defendant’s interference must cause the loss or, in other words, a defendant’s conduct must not only qualify as improper interference, it must also actually induce the third party to terminate its

Andrews v. At World Properties, LLC

236 N.E.3d 540 · Appellate Court of Illinois · Jun 12, 2023

How a statement qualifies as per se defamation becomes irrelevant if the substantial truth of the statement is established, as in this case. 5 We note that whether a statement can be innocently construed … For the reasons stated, plaintiffs have failed to establish an actionable claim of defamation as a matter of law.

Brax v. Kennedy

Appellate Court of Illinois · Dec 6, 2005

Kennedy will testify that he possessed and applied the knowledge and used the skill and care of a reasonably well-qualified surgeon in his treatment of Jonathon Brax. … Kennedy]: That was not established at that time, no.

Harris Trust & Savings Bank v. Hill

42 Ill. App. 2d 396 · Appellate Court of Illinois · May 29, 1963

When questioned about the second visit, she testified that it took place on August 31, 1958, but qualified this answer by stating that the visit was "around that date." … To be against the *410 manifest weight of the evidence requires that an opposite conclusion be clearly evident. Schneiderman v. Interstate Transit Lines, Inc., 331 Ill. App. 143 , 72 NE 2d 705 ; Olin Industries, Inc. v.

Ripes v. Schlechter

2017 IL App (1st) 161026 · Appellate Court of Illinois · Feb 16, 2018

A copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing … applicable standard of care involves procedures not within the grasp of ordinary lay persons, (2) whether the activity is inherently one of medical judgment, and (3) the type of evidence that will be necessary to establish

Mintez v. Board of Education of Paxton- Buckley-Loda Community Unit School District Number 10

2019 IL App (4th) 190771-U · Appellate Court of Illinois · Nov 14, 2019

Thus, it was reasonable for the trial court to find petitioner failed to establish a fair question that she has a clearly ascertainable right in need of protection. … The trial court found she failed to establish a fair question as to a clearly ascertained right in need of protection.

People v. Murphy

2024 IL App (1st) 230724-U · Appellate Court of Illinois · Aug 22, 2024

Regarding Stanford’s affidavit, the court found that the affidavit does not qualify as newly discovered because the defendant could have discovered Stanford through Williams, whom the court reasoned “would clearly have … ¶ 14 Additionally, the circuit court was incorrect in concluding that Williams “would clearly have been able to provide [the defendant] information as to who was present at his house, how Stanford was there to sell

People v. Hattery

183 Ill. App. 3d 785 · Appellate Court of Illinois · May 19, 1989

Gainer’s reason for refusing to approve the warrant is clearly stated as “no cause of death established; autopsy to be conducted 6 Dec 82.” … Having determined that defendant was properly sentenced to three life terms under this statutory provision, we need not consider the State’s contention that the defendant also qualifies for natural life imprisonment for each

Chicago School Reform Board of Trustees v. Illinois Educational Labor Relations Bd. Dissent added - December 2000

Appellate Court of Illinois · Sep 29, 2000

Article 42, section 3 of the Agreement, which went into effect on August 14, 1995, establishes a policy applicable to reserve teachers. … An agency's factual findings will not be disturbed unless they are contrary to the manifest weight of the evidence or unless an opposite conclusion is clearly evident. Midwest Central Education , 277 Ill.

Fortson v. Industrial Commission

184 Ill. App. 3d 794 · Appellate Court of Illinois · May 26, 1989

. • 3 The supreme court has clearly indicated a circuit court does not lack subject-matter jurisdiction where the clerk of the circuit court accepts for filing Industrial Commission materials without payment of the circuit … The fact that petitioner produced the $35 on August 19 in no way detracts from her position that she qualified as a poor person for purposes of appealing her cause to the circuit court on July 1.

People v. Thomas

186 Ill. App. 3d 782 · Appellate Court of Illinois · Jul 27, 1989

improperly questioned prospective jurors regarding their attitudes toward certain of defendant’s basic constitutional protections; (5) according to defendant’s characterization of the record, the trial court improperly qualified … Defendant argues that his inculpatory statements clearly established that he did not aid or abet his codefendant’s murder and armed robbery of Frank Johnson.

Sweeney v. The City of Decatur

79 N.E.3d 184 · Appellate Court of Illinois · Mar 24, 2017

¶ 28 The Illinois Supreme Court has addressed whether the first amendment establishes a clearly mandated public policy in the context of a private employer. In Barr v. … Accordingly, we find plaintiff has failed to show the facts in his amended complaint establish a clearly mandated public policy protecting his speech at the February 2016 meeting.

Green v. Bd. of Municipal Employees', Officers', and Officials' Annuity and Benefit Fund of Chicago

Appellate Court of Illinois · Dec 14, 1999

Money in the Fund is used to pay certain benefits, including retirement annuities, to persons who qualify under the statute. … Plaintiff claims, without any support, that the legislative amendment that made his cause moot was "clearly passed in response to this litigation."

American Alliance Insurance Co. v. 1212 Restaurant Group, L.L.C.

Appellate Court of Illinois · Jul 11, 2003

The court found that statement clearly defamed him and is covered by the ERP exclusion. Adams , 231 F. Supp. 2d at 505 . … Absent vexatious behavior by the insurer, an insured cannot recover attorney fees incurred in bringing a declaratory judgment action against the insurer to establish coverage. Westchester Fire Insurance Co. v. G.

People v. Hulsander

2020 IL App (3d) 190289-U · Appellate Court of Illinois · Jul 14, 2020

Defendant was examined by two qualified evaluators, Dr. Kristopher Clounch and Dr. Luis Rosell. At defendant’s bench trial, Dr. … Kristopher Clounch, a clinical and forensic psychologist and qualified evaluator of SDPs, testified for the State. Dr.

Lowrie v. City of Evanston

50 Ill. App. 3d 376 · Appellate Court of Illinois · Jun 24, 1977

The particular item with which they were concerned was clearly a “product.” … However, the court did not set down any guidelines with regard to what are products for purposes of strict liability, with the exception of clarifying the fact that certain items in their natural state do qualify.