Case law

People v. Eyler

2019 IL App (4th) 170064 · Appellate Court of Illinois · Oct 16, 2020

The Court also noted in Navarette that a “911 call has some features that allow for identifying and tracing callers, and thus provide some safeguards against making false reports with immunity.” … Thus, defendant’s “ongoing crime” argument is clearly inconsistent with Illinois Supreme Court precedent. ¶ 52 We are aware that a panel of the First District, relying upon Navarette, has apparently adopted

Northern Trust Co. v. University of Chicago Hospitals & Clinics

355 Ill. App. 3d 230 · Appellate Court of Illinois · Dec 23, 2004

The required inconsistency arises when the special interrogatory is “ ‘clearly and absolutely irreconcilable with the general verdict.’ ” Simmons, 198 Ill. 2d at 556 , quoting Powell v. … Was the worker’s undertaking to repair the truck when he knew he was not qualified the sole proximate cause of his injury?

People v. Williams

2019 IL App (3d) 160412 · Appellate Court of Illinois · Aug 26, 2019

Under Landgraf, courts must first ask whether the legislature has clearly indicated the statute’s temporal reach; if so, the legislature’s intent will be given effect. See id. ¶ 20. … The question is whether defendant’s appeal qualifies as an “ongoing proceeding.” See 5 ILCS 70/4 (West 2016). Hunter speaks to this issue as well.

People v. Banks

17 Ill. App. 3d 746 · Appellate Court of Illinois · Feb 11, 1974

The objection, rather, is based in this court on the contention that no proper foundation was established for Wiberg’s opinion. … The Court is of the opinion that at this time the defendant clearly understood all of the proceedings that were taking place, there was presented, a person who was intelligent and clearly could answer substantially all of

People v. Thompson

125 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

Gourley v. Chicago & Eastern Illinois Railway Co.

295 Ill. App. 160 · Appellate Court of Illinois · May 3, 1938

The witnesses tendered by plaintiff were all men skilled in their calling and peculiarly qualified by reason of their knowledge, skill and experience to prove the custom. … The record clearly discloses that plaintiff’s view to the south was cut off by the oil tanks and building until he reached a point approximately 90 feet from the crossing.

The Employees' Retirement System of The State of Hawaii v. Clarion Partners, LLC

2017 IL App (1st) 161480 · Appellate Court of Illinois · Jun 14, 2017

Paragraph 3(b) required CP to “ensure that [its] employees or agents are experienced and fully qualified *** and that all applicable licensing and operating requirements imposed or required under federal, state … They were owned by CP/HERS Northbrook, a CP/HERS LP established specifically for their administration and management. ¶7 In 2006, CP began the process of selling HERS’s real estate portfolio.

Conxall Corporation v. Iconn Systems, LLC

2016 IL App (1st) 140158 · Appellate Court of Illinois · Nov 4, 2016

judgment precluded an award of attorney fees, reasoning that “[i]f the rule were otherwise, a trade secrets plaintiff could file sham declarations to successfully oppose a summary judgment motion and immunize … We discern no reason why a prevailing defendant should be limited by Rule 137 in establishing a plaintiff’s bad faith.

People v. Wade

2022 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

State Ex Rel. Beeler, Schad & Diamond, P.C. v. Target Corp.

306 Ill. Dec. 1 · Appellate Court of Illinois · Aug 25, 2006

Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.’ ” Precision, 971 F.2d at 552 , quoting Consumer Product Safety Comm’n v. … While Diamond’s affidavit establishes that he had direct knowledge of some of the information for claims in the complaint, it does not establish that Diamond’s other investigators had direct knowledge of the information they

Moniot v. Property Tax Appeal Board

11 Ill. App. 3d 309 · Appellate Court of Illinois · May 14, 1973

The various banks periodically file statements showing their total deposits in the Office of the County Clerk in order to qualify to receive county monies. … It could be concluded from the record that personal property which is inventoried in estates was clearly available for the local assessor and that a consequent assessment under the Act was made.

Ghiles 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.

People v. Guajardo

262 Ill. App. 3d 747 · Appellate Court of Illinois · Jun 28, 1994

The court also noted that although defendant qualified for an extended term, it would not be imposed in this case. … Although he may technically qualify for the extended term, the Court finds that this is not the proper case in which to impose the extended term.

Victor v. Hillebrecht

339 Ill. App. 254 · Appellate Court of Illinois · Mar 1, 1949

seek the aid of a court of equity to frustrate the wrongful intention of the trust managers to recommend the rejection of the offer, certainly should not have been denied the relief sought in this regard, after they had established … The obvious purpose of this provision was to enable the holders of bonds, who were to receive certificates, to qualify as trust managers but the trust instrument did not authorize the trust managers, after they became such

People v. Craig

Appellate Court of Illinois · Aug 20, 2010

Our Illinois Act clearly satisfies the due process requirements under Addington. … Respondent has failed to establish a due process violation. Accordingly, the judgment of the circuit court is affirmed. Affirmed.

Preservation Holdings, LLC v. Norberg

2019 IL App (1st) 181136 · Appellate Court of Illinois · Jun 14, 2019

In order to achieve the highest and best price, the sale of these properties should be conducted through a qualified and experienced broker in the field. … Since section 12-144.5 begins with the word “unless,” it is clearly the objecting party’s burden to show why the sale should not be confirmed. See generally Cragin Federal Bank for Savings v.

Lacny v. Police Board

Appellate Court of Illinois · Aug 4, 1997

Although our decision here does not address whether such a distinction would similarly be subject to constitutional attack, the General Assembly there clearly stated that the provision applied "[w]ith respect to actions to … This label was later qualified by the supreme court when it emphasized that the "two-prong test" was not a distinct test in and of itself, but rather a description of how rational basis review is conducted by the courts.

Bozek v. Erie Insurance Group

2015 IL App (2d) 150155 · Appellate Court of Illinois · Feb 11, 2016

However, they argued that Erie did not establish that the failure of the pressure-relief valve was an excluded cause. … Specifically, the Bozeks asserted in subsequent filings that Erie did not establish that the failure of the pressure-relief valve qualified as an excluded “mechanical breakdown” under paragraph 5 of the

Pinson v. Allstate Insurance Co.

68 Ill. App. 3d 788 · Appellate Court of Illinois · Feb 8, 1979

For the foregoing reasons, we find no basis was established to terminate benefit payments to plaintiff and, further, this cause is reversed *792 and remanded to the circuit court of Cook County for further proceedings in … To the contrary, that provision clearly declares that Allstate provides coverage subject to all the provisions of the policy except as modified herein.

People v. Johnson

2018 IL App (1st) 140725 · Appellate Court of Illinois · Aug 24, 2018

A party must lay a foundation sufficient to establish the reliability of the bases for the expert’s opinion.” … I, § 11. ¶ 99 All statutes carry a strong presumption of constitutionality and “the party challenging the statute bears a heavy burden of clearly establishing its constitutional infirmities.