Case law

Ilevbare v. Department of Children and Family Services

2021 IL App (1st) 200907-U · Appellate Court of Illinois · Jun 18, 2021

¶ 37 On this entire record, plaintiff has not established with definite and firm conviction that a mistake has been committed. We find the final decision of the DCFS acting director was not clearly erroneous. … As the record does not establish that this evidence was before the ALJ, plaintiff’s reliance on it is unavailing and does not negate other evidence establishing the agency’s finding that he committed child neglect under

Follett Corp. v. Illinois Dept. of Revenue

344 Ill. App. 3d 388 · Appellate Court of Illinois · Nov 13, 2003

Thus, the Illinois legislature clearly regards the seller and purchaser of a sales transaction as individual corporations instead j of unitary business groups, since unitary business groups cannot be i “members of the same … In addition, “[t]he courts especially should avoid unnecessary interference with the system of taxation established by the legislature.” Koeppel, 92 Ill. 2d at 527 , 442 N.E.2d at 178 .

People v. Williams

376 Ill. App. 3d 875 · Appellate Court of Illinois · Sep 10, 2007

They were CDRs, and they contained songs by artists that were covered by the five major labels and clearly were not authorized for this distribution.” … However, a criminal mental state has not been considered sufficient to qualify as an extra element.

Babka Plastering Co. v. City State Bank

264 Ill. App. 142 · Appellate Court of Illinois · Dec 29, 1931

capital stock had become impaired to such an extent that it could not be made good and that the bank was conducted in an unsafe manner; that the auditor of public accounts closed the bank and appointed a receiver who duly qualified … These and other facts clearly show that the bank was insolvent at the date of the filing of the bill.

Ilevbare v. Department of Children and Family Services

2021 IL App (1st) 200907-U · Appellate Court of Illinois · Jun 18, 2021

¶ 37 On this entire record, plaintiff has not established with definite and firm conviction that a mistake has been committed. We find the final decision of the DCFS acting director was not clearly erroneous. … As the record does not establish that this evidence was before the ALJ, plaintiff’s reliance on it is unavailing and does not negate other evidence establishing the agency’s finding that he committed child neglect under

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. … rules established in the Transportation Network Providers Act.

Citizens Utilities Co. v. Metropolitan Sanitary District

25 Ill. App. 3d 252 · Appellate Court of Illinois · Dec 17, 1974

The owner's evidence established that as a result of this obstruction, monthly rentals of his property were *256 reduced and its value deteriorated by two-thirds. … In this state, "[n]o certificate of public convenience and necessity shall be construed as granting a monopoly or an exclusive privilege, immunity or franchise." (Ill. Rev. Stat. 1961, ch. 111 2/3, par. 56.)

People v. Beverly

2022 IL App (4th) 210677-U · Appellate Court of Illinois · Dec 27, 2022

A postconviction petition must clearly set forth the ways in which a defendant claims his constitutional rights were violated. 725 ILCS 5/122-2 (West 2020). … Further, even assuming that the text established Lubamba’s arrival at Panera Bread at 6:23 p.m., the text does not similarly establish defendant’s presence at that location at that time.

In re R.M.

Appellate Court of Illinois · May 27, 1997

This section is clearly not applicable here. … DCFS has established an administrative review and appeals process for children and families who request or receive child welfare services from DFCS. 20 ILCS 505/5(o)(1994).

People v. Patterson

Appellate Court of Illinois · May 4, 2004

A blood-stained carpet was eventually discovered in the house, and a deoxyrybonucleic acid (DNA) match established that the blood was Prout's. … In any event, whether a witness should be qualified as an expert is within the discretion of the trial court. People v. Miller , 173 Ill. 2d 167, 186 , 670 N.E.2d 721, 730 (1996).

People v. Cummings

243 N.E.3d 840 · Appellate Court of Illinois · Jun 30, 2023

¶ 46 Likewise, assuming this category of claim could even qualify as second-prong plain error, the claim still fails. See People v. Clark, 2016 IL 118845, ¶¶ 42, 46-47. … For all these reasons, defendant has failed to establish any bias or prejudice.

Chicago Hospital Risk Pooling Program v. Illinois State Medical Inter-Insurance Exchange

Appellate Court of Illinois · Sep 27, 2001

The trial court found that the "selective tender" rule was not applicable to a trust established under the Risk Pooling Act. … Additionally, to the extent that a physician qualifies as a "Covered Person" under the Trust Agreement, he is entitled to coverage for all sums that he becomes legally obligated to pay as damages due to malpractice injury

Ervin v. Nokia, Inc.

285 Ill. Dec. 714 · Appellate Court of Illinois · Jun 22, 2004

Given the record on appeal, the trial court’s ruling was not arbitrary or clearly erroneous.” Caligiuri, 318 Ill. App. 3d at 803 , 742 N.E.2d at 758 . … Illinois courts have found that a nonsignatory can enforce an arbitration clause if it is determined that the nonsignatory qualifies as a third-party beneficiary of the agreement. See Dannewitz v.

People v. Parker

2024 IL App (1st) 232164 · Appellate Court of Illinois · Feb 2, 2024

But I do believe that the State has met its burden in establishing that you were in possession of that firearm. … However, at this stage in the proceedings, we cannot say that an opposite conclusion is clearly apparent.

People v. Adams

2020 IL App (1st) 182241-U · Appellate Court of Illinois · Dec 23, 2020

They further stipulated that defendant had previously been convicted of two qualifying felony offenses. … ¶ 30 Here, the parties stipulated that defendant had two prior convictions for qualifying offenses.

People v. Faulkner

73 N.E.3d 25 · Appellate Court of Illinois · Feb 10, 2017

[Patricia] testified that she had no idea that the gun was up there, so it clearly wasn’t her gun, even though she had access to *** the attic. … Rather, they disagree on whether his 2008 felony conviction for AUUW satisfied the second of the two qualifying offenses under the statute.

People v. Jackson

165 Ill. App. 3d 665 · Appellate Court of Illinois · Oct 28, 1987

Defendant erroneously asserts that the corpus delicti must be established by evidence “apart from a defendant’s statements.” … Complainant clearly described defendant’s acts of taking her into the kitchen and having sex with her.

Contreras v. Board of Education of the City of Chicago

2023 IL App (1st) 220734-U · Appellate Court of Illinois · Nov 3, 2023

The Board did not explain what evidence undercuts Contreras’s testimony or why his explanation qualified as “inordinate” attention. … The Board clearly erred in ordering Contreras’s termination.

People v. Coleman

2026 IL App (4th) 241515-U · Appellate Court of Illinois · Mar 2, 2026

Jan. 1, 2011), a witness is qualified to give expert testimony if “(1) the witness may be of assistance to the trier of fact; (2) the witness is qualified to give the testimony sought; and (3) the testimony sought is supported … However, other evidence clearly established that defendant’s cell phone was at the location of the fire, so the presence or absence of the other information complained of can have had no effect on the case.

Riser v. City of Chicago

2020 IL App (1st) 190143-U · Appellate Court of Illinois · Jun 9, 2020

Nevertheless, we will proceed to consider the merits of their appeal even though these deficiencies would clearly justify striking plaintiffs’ briefs. … This testimony clearly belies plaintiffs’ assertion that their takings claim did not accrue until the following year.