Case law

Pekin Ins. Co. v. ROSZAK/ADC, LLC

931 N.E.2d 799 · Appellate Court of Illinois · Jun 25, 2010

On its face, the Rodriguez complaint did not establish whether or not Kol would qualify as one of Faganel's "`duly authorized agents.'" Emcasco, 337 Ill.App.3d at 358 , 271 Ill.Dec. 711 , 785 N.E.2d 905 . … Justice McNulty clearly stated that such a theory must be "supported by the complaint." Emcasco, 337 Ill.App.3d at 361 , 271 Ill.Dec. 711 , 785 N.E.2d 905 .

People v. Antonio

Appellate Court of Illinois · Aug 30, 2010

Choi and Snow qualify as business records. … As a reviewing court, we will not reverse an such evidentiary determinations unless there record “clearly demonstrates” discretion was abused. Harris, 231 Ill. 2d at 588, 901 N.E.2d at 370.

In re Marriage of Brubaker

459 Ill. Dec. 551 · Appellate Court of Illinois · Jan 14, 2022

It also found that the petitioner’s testimony at the prove-up hearing did not bolster her argument, because she gave a qualified response, “ ‘if it is all true,’ ” when her attorney questioned her concerning her acceptance … In Onishi-Chong, the record reflected that the petitioner “clearly suspected” during pretrial proceedings that the respondent had engaged in a scheme to reduce his income during the divorce, yet she opted to settle the

Pekin Insurance Company v. Centex Homes

72 N.E.3d 831 · Appellate Court of Illinois · Feb 21, 2017

¶ 23 Defendants argue that Centex Real Estate qualifies as an additional insured because it was a “signatory” to the McGreal contract. … The answer, clearly, is yes. The underlying complaint alleges that it was the named insured, McGreal, who was charged with “the erection of *** a balloon wall.” The complaint further alleges that Mr.

People v. Ford

368 Ill. App. 3d 562 · Appellate Court of Illinois · Oct 23, 2006

Bobby Wright, a psychologist qualified as an expert witness, testified that defendant suffered from chronic alcoholism. … Unlike Hattery, the presumption of prejudice as established in Cronic was not found in People v. Johnson, 128 Ill. 2d 253, 270 , 538 N.E.2d 1118 (1989).

People v. Shorty

Appellate Court of Illinois · Aug 19, 2010

The testimony elicited by the prosecutor clearly identified the CI to the defendant. (Hint: it was the guy in the backseat.) … The prosecutor was clearly not worried about protecting the CI's identity.

People v. Tucker

Appellate Court of Illinois · Nov 3, 2000

In order to establish a connection there must be: (1) sufficient testimony to establish that a weapon was used, (2) substantial evidence the defendant participated in the crime, and (3) testimony that the weapon admitted … In the instant case, the State failed to establish that the two guns were connected to the crime.

Chicago Transit Authority v. Amalgamated Transit Union, Local 241

Appellate Court of Illinois · Mar 24, 2010

However, a court will vacate the award if it is repugnant to the established norms of public policy. Chicago Fire Fighters Union, 323 Ill. App. 3d at 174. … See also 625 ILCS 5/6-106.1(a) (West 2006) (sex offenders cannot qualify for a school-bus driver permit).

DiCosolo v. Janssen Pharmaceuticals, Inc.

351 Ill. Dec. 574 · Appellate Court of Illinois · Jun 30, 2011

We believe Weedon recognizes the difference between a defect in a medical device residing in, or on, a patient as compared to those defects in products that are actively used and whose operation or performance is clearly … These three reasons can be summarized as follows: any violation of FDA regulations constitutes a legal matter and improperly invaded the province of the jury; (2) Mr Anisfeld, a pharmacist, was not qualified to opine on legal

Groeller v. The Evergreen Healthcare Center LLC

31 N.E.3d 869 · Appellate Court of Illinois · Apr 30, 2015

¶ 35 We find Ellig distinguishable because in this case, the jury was more clearly informed about which standard applied to which theory of recovery. … “Each party has the right to have the jury clearly and fairly instructed upon each theory that was supported by the evidence. [Citation.]

Beggs v. Board of Education of Murphysboro Community Unit School District No. 186

2015 IL App (5th) 150018 · Appellate Court of Illinois · Jan 25, 2016

App. 3d at 788)), we nevertheless find that the plaintiff clearly demonstrated a good-faith effort to comply. … findings based on the testimony, as he found that Badiano’s lack of qualification and experience, such as having no certification for teaching high school and having never taught math, meant that she was not qualified

People v. Posey

2026 IL App (5th) 250808-U · Appellate Court of Illinois · Jan 12, 2026

“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.” People v. … When the State seeks to deny pretrial release on the basis that a defendant poses a risk of willful flight from prosecution, the State must establish by clear and convincing evidence (a) that the proof is evident or the

Hannigan v. Hoffmeister

240 Ill. App. 3d 1065 · Appellate Court of Illinois · Dec 30, 1992

When he first applied for disability benefits in March 1980, his application contained an agreement which stated that he planned to file a workers’ compensation claim and that if he qualified for workers’ compensation payments … The determination of a trial judge will not be disturbed on review unless that determination is so clearly wrong as to constitute an abuse of discretion. (Gill v. Gill (1972), 8 Ill. App. 3d 625 , 290 N.E.2d 897 .)

Wells v. State Farm Fire & Casualty Insurance Co.

2021 IL App (5th) 190460 · Appellate Court of Illinois · Jan 4, 2021

(“The trend clearly appears *** to place the burden on insureds to prove that an exception to an exclusion applies to restore coverage.”). ¶ 29 We agree with the majority view that the insureds have the burden … Toyota Motor Distributors, Inc., 361 F.3d 50, 59 (1st Cir. 2004) (“ ‘Best efforts’ is implicitly qualified by a reasonableness test—it cannot mean everything possible under the sun ***.”); Perma Research & Development

Avery v. State Farm Mutual Automobile Insurance Co. Text corrected May 1, 2001 Text corrected May 24, 2001

Appellate Court of Illinois · Apr 5, 2001

There is no doubt that the attorneys representing the plaintiff class are qualified and experienced. … The elements necessary to establish fraud under the Act are less stringent than elements necessary to establish common law fraud. Eshaghi v. Hanley Dawson Cadillac Co. , 214 Ill.

Rekosh v. Parks

Appellate Court of Illinois · Sep 1, 2000

Construing the plain meaning of the Act, we find that the Act clearly and unambiguously creates a private right of action. … It is further a matter of public interest that the practice of funeral directing and embalming as defined in this Code merit and receive the confidence of the public and that only qualified persons be authorized to practice

People v. Walter

374 Ill. App. 3d 763 · Appellate Court of Illinois · Jun 29, 2007

During their conversation, defendant told Officer Fuchs that he had come from an establishment called Fox and Hounds that serves food and liquor. … In fact, only two of the cases discussed above, Carlson and Nagel, clearly indicate the nature of the officers’ requests.

People v. Hanlon

137 Ill. App. 3d 305 · Appellate Court of Illinois · Oct 8, 1985

App. 3d 561 , as two instances in which anonymous tips were found to have been virtually uncorroborated and insufficient to establish probable cause. … The totality of the circumstances clearly establishes the defendant’s statement was made voluntarily, and that the trial court’s judgment was not against the manifest weight of the evidence.

Matthewson v. Davis

91 Ill. App. 153 · Appellate Court of Illinois · Sep 11, 1900

That George died before the testator, leaving Eollin the only executor of the will, who qualified as such. … We are clearly of opinion they ought not, and for two reasons: first, because appellees in their answer expressly offered to submit the controversy in the case at bar to the trial court, a court of chancery, and afterward

Sharpe v. Westmoreland

430 Ill. Dec. 602 · Appellate Court of Illinois · Apr 11, 2019

App. 3d 913, 917 (2008) (Illinois law clearly recognizes the superior rights of a natural parent to the care, custody, and control of his or her child). … The Marriage Act, even after the most recent amendments in 2017 and 2018, is devoid of any reference to partners joined in civil unions when defining parties that qualify as stepparents for purposes of determining nonparent