Case law

Mohammed v. Hamdard Center for Health & Human Services

2020 IL App (2d) 181017-U · Appellate Court of Illinois · Jan 22, 2020

It is well-established that the tort does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Schweihs, 2016 IL 120041, ¶ 51. … ¶ 41 Clearly, plaintiff’s proposed allegations, which were as vague as those in his previous complaint, would not have cured the defects in that complaint.

Compass Group v. Illinois Wokers' Compensation Commission

2014 IL App (2d) 130078 · Appellate Court of Illinois · May 13, 2014

Kale to be the most qualified and persuasive opinion” and to “adopt the opinion of Dr. Kale.” Of course, this is not our role. … We cannot say that waiting one year—under the circumstances presented here—for such an opinion is so clearly unreasonable that a conclusion opposite to the Commission’s is clearly apparent.

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.

Ameritech Services, Inc. v. Illinois Workers' Compensation Commission

389 Ill. App. 3d 191 · Appellate Court of Illinois · Mar 17, 2009

It asserts that Sher’s testimony, although sufficient to establish that the claimant is unemployable in the fields of finance, marketing, and customer service, is insufficient to establish that he cannot obtain work in other … Industrial Comm’n, 97 Ill. 2d 424, 432-33 , 454 N.E.2d 672 (1983), the claimant never qualified for vocational rehabilitation.

Hess v. Clarcor, Inc.

237 Ill. App. 3d 434 · Appellate Court of Illinois · Nov 19, 1992

Because Turner cooperated with vocational rehabilitation, the judge concluded that Clarcor’s claim of a nondiscriminatory discharge had not been established. … The record demonstrates clearly that Hess was terminated under the new absenteeism policy, that is, he was terminated for excessive absenteeism.

People v. Loggins

432 Ill. Dec. 890 · Appellate Court of Illinois · May 29, 2019

And although the photo shows that it was partly covered by a hat and coat, the handle of the gun was sticking out and clearly accessible. … McCalpine was qualified to opine about the general practices of cocaine distribution. That testimony should not have been admitted as a lay opinion, but the error was clearly harmless.

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. 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.

People v. Anderson

364 Ill. App. 3d 528 · Appellate Court of Illinois · Apr 11, 2006

Officer Koehn testified that he and Officer Berke used clearly audible voices. When they called out to defendant, he began to run. … On appeal, the defendant argues that the undisputed facts in Set A do not establish his guilt.

In Re Proposed Incorporation

166 Ill. App. 3d 146 · Appellate Court of Illinois · Feb 22, 1988

Clearly, proceedings to annex territory that is the subject of incorporation proceedings may not be legally initiated prior to the defeat of the petition to incorporate. ( People v. … To qualify as a "village in fact," the area under consideration must meet the requirements set forth in the appropriate statutory section ( People ex rel. County of Du Page v.

Lenehan v. Township Officers Electoral Board

988 N.E.2d 1003 · Appellate Court of Illinois · Apr 3, 2013

to do so was reversed and the candidates were allowed the opinion of the court to appear on the ballot, since the Township Code does not clearly state but has been prepared that the nomination papers must be signed … -3-  committee established under article 9 of the Election Code (10 ILCS 5/9-1 et seq. (West 2010)).

In re Marriage of Bachinadada

2021 IL App (1st) 020576-U · Appellate Court of Illinois · May 26, 2021

Her alternative requested relief was a “retrial,” which is sufficient in itself to qualify. 735 ILCS 5/2-1203(a) (West 2018). … In any event, our courts have clearly recognized that maintenance can be waived.

People v. Harris

2020 IL App (5th) 160454 · Appellate Court of Illinois · Feb 1, 2021

Nelson clearly made the statements under the belief that death was imminent. Nelson had suffered several gunshot wounds and expressed the belief he was dying. … Although many dying declarations may not be testimonial, there is authority for admitting even those that clearly are. [Citations.]

People v. Stacks

2025 IL App (5th) 250725-U · Appellate Court of Illinois · Nov 12, 2025

An opposite conclusion is not clearly evident, or the finding itself is not unreasonable, arbitrary, or not based on the evidence presented. … As such, failure to establish prejudice is a sufficient basis to deny a claim of ineffective assistance of counsel. People v. Jackson, 2020 IL 124112, ¶ 91. ¶ 25 As we found in People v.

People v. Samadi

2024 IL App (2d) 230486-U · Appellate Court of Illinois · Feb 13, 2024

Under the Code, as amended, a defendant’s pretrial release may only be denied in certain statutorily limited situations (qualifying offenses). 725 ILCS 5/110-2(a), 110-6.1 (West 2022). … A finding is contrary to the manifest weight of the evidence only if a conclusion opposite that to the trial court’s is clearly apparent. In re Jose A., 2018 IL App (2d) 180170, ¶ 17.

Fairview Haven v. Department of Revenue

153 Ill. App. 3d 763 · Appellate Court of Illinois · Mar 25, 1987

Testimony established that the guarantor and discharge clauses had never been utilized. Medicaid recipients resided in the intermediate-care facility. … The evidence clearly shows much more is being provided than independent-living quarters.

People v. McClellan

29 Ill. App. 3d 712 · Appellate Court of Illinois · Jun 2, 1975

The record also shows indirectly that two jurors were reluctant to serve and, although their answers showed that they were qualified, the court excused them for cause on motion of defendant. … The constitutionality of a similar restriction upon examination of individual jurors by the attorneys has been established. ( People v. Lobb, 17 Ill.2d 287 , 161 N.E.2d 325 .)

Moon v. Rhode

2015 IL App (3d) 130613 · Appellate Court of Illinois · Aug 7, 2015

Dachman provided plaintiff with a report stating that the radiologist who read and interpreted the CT scan failed to identify the breakdown of the anastomosis, which a “reasonably, well-qualified radiologist … It is well established that we will strictly construe a statute that is in derogation of the common law. In re W.W., 97 Ill. 2d 53, 57 (1983).

Indiana Insurance Company v. Royce Realty & Management, Inc.

990 N.E.2d 1244 · Appellate Court of Illinois · May 30, 2013

A motion for summary judgment is properly granted where the pleadings, depositions, admissions, and affidavits establish that no genuine issue of material fact exists and that the moving party is entitled to … App. 3d 919 (1981), but apparently failed to realize that both cases involved insurance policies that were clearly labeled as premises liability policies, not CGL policies.

Tolbert v. The Illinois Workers' Compensation Commission

2014 IL App (4th) 130523WC · Appellate Court of Illinois · Jul 15, 2014

“For a finding of fact to be against the manifest weight of the evidence, an opposite conclusion must be clearly apparent from the record on appeal.” City of Springfield v. … Bruyntjens does not opine that the claimant’s work environment would not qualify as a “breeding” site for the fungus.