Case law

City of Chicago Department of Streets and Sanitation

2025 IL App (1st) 231627-U · Appellate Court of Illinois · Dec 11, 2025

Mixed questions of law and fact are reviewed under the clearly erroneous standard, and a reviewing court finds a decision clearly erroneous when it “is left with the definite and firm conviction that a mistake has been … Therefore, even if the property was considered abandoned, as we have established Lomden and Ms. Grey, as an agent of Lomden, remained the owners of the property.

Bangert v. Northern Trust Comp.

Appellate Court of Illinois · Nov 17, 2005

Second, it is well established that a party cannot be held liable for abiding by a court order. See In re Marriage of Nettleton , 348 Ill. … Koplin , 386 Ill. 368, 385 (1944) ("The principle is of universal force that the order or judgment of a court having jurisdiction is to be obeyed, no matter how clearly it may be erroneous").

Jensen v. ELGIN, JOLIET & EASTERN R. CO.

31 Ill. App. 2d 198 · Appellate Court of Illinois · May 23, 1961

In that case there was a widow for whose benefit the action clearly survived under the statute. … Spiegel appears to be an eminently qualified neurological surgeon, with considerable experience in the treatment of back disorders.

Schilling v. Quincy Physicians & Surgeons Clinic, S.C.

2024 IL App (4th) 240520-U · Appellate Court of Illinois · Dec 11, 2024

¶ 37 We hold that the trial court’s method of polling the jury was not clearly unreasonable and did not amount to an abuse of discretion. … The appellate court in Willis addressed a question regarding tort immunity, not a discretionary ruling on a jury instruction.

People v. Luedemann

357 Ill. App. 3d 411 · Appellate Court of Illinois · May 4, 2005

A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. People v. Davis, 352 Ill. App. 3d 576, 579 (2004). … It does not, however, immunize from constitutional scrutiny all actions taken in its name.

Wells Fargo Bank, N.A. v. Mundie

53 N.E.3d 1001 · Appellate Court of Illinois · Apr 22, 2016

According to defendants, plaintiff could not qualify as the holder of the indebtedness because the note listed a different entity as the lender. … A motion to dismiss should not be granted "unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief." Tedrick v.

Dayton v. Pledge

431 Ill. Dec. 950 · Appellate Court of Illinois · Apr 19, 2019

Defendants filed a motion for summary judgment, arguing that plaintiffs’ claims were barred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-202 (West 2004 … At trial, the evidence established that a driver has a duty to yield to an emergency vehicle that is immediately approaching.

In re Parentage of Miller

226 N.E.3d 599 · Appellate Court of Illinois · Mar 10, 2023

(West 2018)) to establish that George Guy is his biological father. … Daryl Miller seeks to establish George Guy—who is Daryl’s biological father— as Daryl’s legal father.”

Tangen v. Lake County

2022 IL App (2d) 200634-U · Appellate Court of Illinois · Mar 24, 2022

Given this language, plaintiffs clearly argue that section 2 of the Act provides them with a clear right to relief. … Pursuant to section 12-21.13 of the Public Aid Code, which is entitled “Local funds required to qualify for state aid:” “To qualify for State funds to supplement local funds for public aid purposes, ***

Veazey v. Rich Township High School District 227

2016 IL App (1st) 151795 · Appellate Court of Illinois · Sep 16, 2016

But the Review Law is an exclusive method of review limited to specific cases and the areas of its applicability must be clearly defined. Chestnut v. Lodge, 34 Ill. … employee or a Board member is ineligible to be hired by the District unless there are no other qualified applicants for the position.

People v. Bell

217 Ill. App. 3d 985 · Appellate Court of Illinois · Jun 28, 1991

The court declared her qualified to testify after both the prosecutor and defense counsel questioned her as to her ability to recollect and to tell a lie from the truth. … Here, the defendant sought not to impugn the credibility of the witness by establishing bias, prejudice or a motive to lie, but rather to establish that someone other than himself had attacked her.

In re Mathias H.

2019 IL App (1st) 182250 · Appellate Court of Illinois · Nov 19, 2020

The ordinance clearly conflicts with the juvenile court’s power to detain delinquent juveniles over the age of 10 under sections 5-410 and 5-501 of the Juvenile Court Act and the duty imposed on the personnel … According to the Cook County Board, the JTDC does not qualify as an “authorized juvenile detention facility” for children under 13 years of age. See Cook County Code of Ordinances § 46-4(b) (eff.

Doe v. Lyft, Inc.

2020 IL App (1st) 191328 · Appellate Court of Illinois · Sep 30, 2020

Doe does not contest that Lyft is a TNC, and it clearly is. … industry continues to need the particular regulatory rules established in the Transportation Network Providers Act.

People v. Spiezer

Appellate Court of Illinois · Aug 22, 2000

The use of expert witnesses in specialized fields is clearly crucial to a criminal defense attorney's ability to prepare for trial. In People v. … The work product doctrine is qualified. Its application is subject to a showing of necessity by the State, and, further, it does not apply to verbatim statements of witnesses, in accordance with Lego .

In re Detention of Bolton

Appellate Court of Illinois · Nov 13, 2003

CTS Corp. , 285 F.3d 609, 614 (7 th Cir. 2002) (expert cannot incorporate the opinion of another on a subject for which he is not qualified). In any event, Dr. … The Supreme Court of Washington held that Frye was "clearly *** inapplicable" because the computer programs were "'nothing more than sophisticated record-keeping systems'" ( Russell , 125 Wash. 2d at 70 , 882 P.2d at 776

Budget Rent-A-Car System, Inc. v. Cleveland

2020 IL App (5th) 170458 · Appellate Court of Illinois · Dec 18, 2020

Even if Budget had attempted to qualify Seemann as a lay witness who could give such an opinion, Seemann would have had to aver that he had a sufficient basis of facts within his personal knowledge from which he could … Clearly, the insurance company did not suffer a personal injury. Thus, the record is silent with regard to why this payment was made.

Friend v. Northern Trust Co.

314 Ill. App. 596 · Appellate Court of Illinois · May 27, 1942

On September 7, 1938, his last will and testament was admitted to probate by the probate court of Cook county, and the Northern Trust Company qualified as executor. … The evidence clearly shows that at the time the divorce decree was entered plaintiff knowingly waived and relinquished all her rights under the antenuptial agreement.

People v. Luckett

Appellate Court of Illinois · Nov 22, 1999

His testimony also established that this incident took place in three different locations over a period of some 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.

People v. Montano

77 N.E.3d 114 · Appellate Court of Illinois · Mar 30, 2017

Roberto provided information to the police only after signing the immunity agreement. … DaimlerChrysler Corp., 685 N.W.2d 391 (Mich. 2004),] if the proponent of the evidence establishes the foundation that (1) the handler was qualified to use the dog, (2) the dog was trained and accurate in identifying human

Nicholson v. State Farm Mutual Automobile Insurance

409 Ill. App. 3d 282 · Appellate Court of Illinois · Mar 23, 2010

This language, with its statement that the rule applies to policies that are “renewed” and its references to “the insured,” clearly expresses a legislative intent to include current policyholders, not just first-time applicants … However, the defendant does not dispute that the Janotas’ request for increased coverage qualified as a “written request for such coverage,” as required by section 143a — 2(2).