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2026 IL App (4th) 250604-U · Appellate Court of Illinois · Feb 26, 2026
to establish lost profits with reasonable certainty.” … The use of the semicolon here, combined with the qualifying words “provided, however,” suggests that the two statements should be read in tandem as referencing the same event.
Cited 0 timesUnpublished2024 IL App (1st) 221169 · Appellate Court of Illinois · Jan 5, 2024
¶ 26 Here, the record establishes a genuine issue of material fact on the “holding out” element. … Prutton, 2020 IL App (2d) 190346, ¶ 55 (concluding that the signed consent forms, which “clearly and unambiguously informed plaintiff that the physicians at the hospital *** were independent contractors,” were sufficient
Cited 3 timesPublished125 Ill. App. 3d 665 · Appellate Court of Illinois · Jul 12, 1984
The defendant’s argument fails to establish the court below erred on the basis he asserts. … The record clearly shows the court initially refused the instruction, not because of any deficiency in the quantum of evidence, but because it believed as a matter of law that the defense of voluntary intoxication was not
Cited 23 timesPublishedThe Board of Education of Du Page High School District 88 v. Pollastrini
2013 IL App (2d) 120460 · Appellate Court of Illinois · Oct 15, 2013
A prima facie case is established by evidence that would enable the trier of fact to find each element of the cause of action more probably true than not. Anderson v. … Cinkus, 228 Ill. 2d at 210. ¶ 113 It is important to remember that marks of different sorts may qualify as signatures, as long as the mark “manifests that the instrument has been executed or adopted by the party
Cited 1 timesPublishedAtkins v. Robbins, Salomon & Patt, Ltd.
2018 IL App (1st) 161961 · Appellate Court of Illinois · Apr 27, 2018
The Corporation’s attorney added: “And, your Honor, just we’ve established with [D]r. … These items are clearly some of the overhead expenses for the Corporation as a whole.
Cited 13 timesPublishedCooper v. Department of Children & Family Services
234 Ill. App. 3d 474 · Appellate Court of Illinois · Sep 3, 1992
Clearly, evidence of violations after being put on notice is probative and relevant. … The evidence presented at the hearing established that the Coopers had in fact continually violated departmental licensing standards.
Cited 23 timesPublishedEnbridge Pipeline, LLC v. Monarch Farms, LLC
2017 IL App (4th) 150807 · Appellate Court of Illinois · Oct 13, 2017
IEPC alleged that Kelly, Summann, and Cleve were not professional appraisers qualified to provide expert opinions on the fair-market value of real estate. … Troyer, 2015 IL App (4th) 150334, ¶ 23, 38 N.E.3d 1282 (Once “IEPC *** established its condemnation rights,” the only issue remaining was “to set just compensation.”).
Cited 4 timesPublished309 Ill. App. 3d 14 · Appellate Court of Illinois · Nov 22, 1999
His testimony also established that this incident took place in three different locations over a period of time. … Whether the conduct here qualified as felony murder, second degree murder or self-defense was a question of fact for the jury to resolve.
Cited 4 timesPublished2023 IL App (3d) 210131-U · Appellate Court of Illinois · Feb 15, 2023
Defendant states that no officer physically harmed him nor promised him immunity for his statement. … “[F]ailure to establish either prong is fatal to the claim.” People v. Clendenin, 238 Ill. 2d 302, 318 (2010).
Cited 0 timesUnpublishedSiegel v. Lake County Officers Electoral Board
Appellate Court of Illinois · Sep 9, 2008
Section 7--61 provides in pertinent part: "The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, … Accordingly, we will not reverse the Board's decision unless it is clearly erroneous. Belvidere, 181 Ill. 2d at 205.
Cited 0 timesPublishedGhiles v. Municipal Officers Electoral Board of the City of Chicago Heights
2019 IL App (1st) 190117 · Appellate Court of Illinois · Mar 1, 2019
The Board proposed such draft rules of procedure in its notice to the parties, including Rule 8, which establishes a procedure for considering a prospective candidate’s papers when, as Mr. … “[T]he person questioning the validity of the administrative regulation bears the burden of establishing its invalidity.” Id. at 332.
Cited 0 timesUnpublishedCleveland, C., C. & St. L. Ry. Co. v. Jenkins
70 Ill. App. 415 · Appellate Court of Illinois · Jun 10, 1897
various railroad companies for employment, but was uniformly refused employment because he did not have such card; that he had been receiving eighty-five dollars per month from the defendant for his services, and that he was qualified … There being such a custom, and the proof clearly showing that such cards were absolutely essential, was the duty laid upon defendant thereby violated in this case ?
Cited 0 timesPublishedGhiles v. Municipal Officers Electoral Board of the City of Chicago Heights
430 Ill. Dec. 120 · Appellate Court of Illinois · Feb 8, 2019
The Board proposed such draft rules of procedure in its notice to the parties, including Rule 8, which establishes a procedure for considering a prospective candidate’s papers when, as Mr. … “[T]he person questioning the validity of the administrative regulation bears the burden of establishing its invalidity.” Id.
Cited 0 timesUnpublishedCity of Morris v. Community Landfill Company
2011 IL App (3d) 90847 · Appellate Court of Illinois · Aug 5, 2011
The parties do not dispute that parcels A and B of Morris Community Landfill qualify as MSWLF units. … A penalty will be set aside only if it is clearly arbitrary, capricious or unreasonable.
Cited 0 timesPublished468 Ill. Dec. 321 · Appellate Court of Illinois · Feb 14, 2022
- 11 - 2022 IL App (2d) 200416 ¶ 34 We presume that statutes are constitutional, and the party challenging the statute’s constitutionality has the burden of clearly … establishing its invalidity.
Cited 7 timesPublished2024 IL App (1st) 241102-U · Appellate Court of Illinois · Oct 21, 2024
Coupled with his criminal history, he qualified as an armed habitual criminal. ¶ 15 The court then found that Mr. … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly apparent or if the finding is unreasonable, arbitrary, or not based on the evidence presented.”
Cited 1 timesUnpublished245 N.E.3d 90 · Appellate Court of Illinois · Mar 27, 2024
In short, the jury viewed pictures clearly showing that Jennings Terrace was a nursing home. … In fact, “[i]n 2016, the Marist Poll asked American adults if they thought a 65-year-old qualified as old.
Cited 7 timesPublished2025 IL App (5th) 231140-U · Appellate Court of Illinois · Dec 12, 2025
All statutes carry a strong presumption of constitutionality and the party making the challenge must clearly establish its invalidity to overcome this presumption. People v. Mosley, 2015 IL 115872, ¶ 22. … The defendant has prior qualifying felony convictions.
Cited 5 timesUnpublished364 Ill. App. 3d 847 · Appellate Court of Illinois · Mar 24, 2006
Abrams was qualified to testify as an expert in psychiatry. Defendant told Dr. … Rather, the State contended that the evidence presented as to defendant’s depression was insufficient to establish that he was guilty but mentally ill.
Cited 36 timesPublished2022 IL App (5th) 190458-U · Appellate Court of Illinois · Dec 13, 2022
Thus, defendant qualified for Class X sentencing. ¶ 24 In a related issue, there is no question whether Class X sentencing under this provision constituted an impermissible double enhancement. … The prohibition against double enhancements is a rule of statutory construction, so that where the legislature clearly intends for there to be a double enhancement, and that intention is clearly expressed, there is no prohibition
Cited 1 timesUnpublished
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