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344 Ill. App. 3d 179 · Appellate Court of Illinois · Jun 30, 2003
The detective’s testimony concerning Miller is clearly hearsay. The statements concerning Miller were not made by him and cannot be considered statements against his penal interest. … Here, it does not appear that Alvarez’s statement qualified as an admission.
Cited 8 timesPublishedBank of America National Trust & Savings Ass'n v. Schulson
305 Ill. App. 3d 941 · Appellate Court of Illinois · Jun 30, 1999
The guaranties here did not clearly articulate that the time for the reduction was unlimited. … Defendants do not explain how payments made from the sale of secured property qualify as “principal payments” under the burn down clause.
Cited 34 timesPublished2021 IL App (1st) 190263 · Appellate Court of Illinois · Mar 25, 2021
. ¶ 20 Both parties stipulated that defendant had “been previously convicted of two qualifying felony offenses.” The State rested, and the defense rested without presenting evidence. … “Unless the petitioner’s allegations are affirmatively refuted by the record, they are taken as true, and the question is whether those allegations establish or ‘show’ a constitutional violation.”
Cited 1 timesPublished401 Ill. Dec. 787 · Appellate Court of Illinois · Mar 23, 2016
Upon the court noting that "every time [Jenger's attorney objects] I'm going to sustain it because she's right [that Cheryl has not been qualified as an expert]," John's attorney agreed to qualify her as an expert. … The court recognized this and required that she be established as an expert before allowing her opinion testimony.
Cited 1 timesUnpublished2024 IL App (1st) 230702-U · Appellate Court of Illinois · Sep 25, 2024
Among other things, such “admissions” were not made under oath and are not the kind of deliberate, clear, and unequivocal statements which may qualify as a judicial admission. … ¶ 28 In this case, the allegations of the operative complaint are insufficient to establish a cause of action for fraud.
Cited 1 timesUnpublishedPiervil v. Department of Employment Security
2026 IL App (1st) 250089-U · Appellate Court of Illinois · May 15, 2026
Nor is the Board’s determination that Piervil’s violations of Alden’s attendance policy qualifies as misconduct under section 602(A)(3) of the Act, making her ineligible for benefits. … ¶ 36 Our review shows the Board’s decision, finding that Piervil intentionally violated Alden’s attendance policy, is not clearly erroneous.
Cited 0 timesUnpublished372 Ill. App. 3d 842 · Appellate Court of Illinois · Mar 21, 2007
Turning first to a consideration of the Board’s finding of guilt, we note that an administrative agency’s findings will be deemed contrary to the manifest weight of the evidence only where the opposite conclusion is clearly … Plaintiff argues that his psychiatric illnesses qualify him as a disabled person and entitle him to protection under the ADA.
Cited 22 timesPublished348 Ill. App. 3d 575 · Appellate Court of Illinois · Apr 30, 2004
If they fail to agree, the disagreement will be submitted to a qualified and impartial umpire chosen by the appraisers. The amount of loss agreed to by any two will be binding. … The policy clearly described Progressive’s payment obligations. These obligations were not discretionary.
Cited 13 timesPublished206 Ill. App. 3d 956 · Appellate Court of Illinois · Apr 12, 1991
The comment the court made in this case made about the “ridiculous appellate court case” clearly does not demonstrate hostility towards defendant. … That testimony is clearly at odds with defendant’s earlier testimony.
Cited 12 timesPublished2026 IL App (5th) 251025-U · Appellate Court of Illinois · Mar 20, 2026
¶ 44 The trial court clearly relied upon factors outside of the nature and circumstances of the offenses themselves. … An opposite conclusion is not clearly evident, and the finding itself is not unreasonable, arbitrary, or not based on the evidence presented.
Cited 0 timesUnpublished2026 IL App (4th) 250996-U · Appellate Court of Illinois · Feb 13, 2026
Specifically, while in foster care, she had received appropriate medical care and had kept up to date on immunizations. She attended school, where she had an individualized education plan. … The court’s decision will be found to be “against the manifest weight of the evidence only if the opposite conclusion is clearly apparent or the decision is unreasonable, arbitrary, or not based on the evidence.”
Cited 0 timesUnpublished163 Ill. App. 3d 1023 · Appellate Court of Illinois · Dec 10, 1987
In Harbold, the expert witness gave testimony of a statistical probability “for the purpose of establishing a historical fact.” (Harbold, 124 Ill. App. 3d at 381 , 464 N.E.2d at 748 .) … His statement was qualified by his repeated assertions that analysis of hair is not conclusive but that hair is “somewhat unique.”
Cited 7 timesPublished2016 IL App (5th) 150242 · Appellate Court of Illinois · Mar 24, 2016
Upon the court noting that "every time [Jenger's attorney objects] I'm going to sustain it because she's right [that Cheryl has not been qualified as an expert]," John's attorney agreed to qualify her as an expert. … The court recognized this and required that she be established as an expert before allowing her opinion testimony.
Cited 1 timesUnpublishedPeople el rel. Wofford v. Brown
76 N.E.3d 34 · Appellate Court of Illinois · Feb 17, 2017
Brown], who is not qualified to hold elected municipal office because he is a convicted felon.” … It is more likely to cause only those who are in fact qualified to hold office to seek office.
Cited 2 timesUnpublished92 N.E.3d 435 · Appellate Court of Illinois · Nov 8, 2017
The court qualified Tucker as an expert in pathology and pediatrics over the State’s objection. … Flaherty comes in as a fully qualified expert in the field of pediatrics and child abuse medicine.
Cited 1 timesUnpublished358 Ill. Dec. 552 · Appellate Court of Illinois · Feb 7, 2012
The party challenging a statute has the burden of clearly establishing that the statute violates the constitution. People v. Sharpe, 216 Ill.2d at 487 , 298 Ill.Dec. 169 , 839 N.E.2d 492 . … Robbins was not qualified to perform), but asked to approve some nebulous interview by a professor who had never conducted an interview of an underage sex abuse victim before.
Cited 2 timesPublishedGerasi v. Gilbane Building Co.
2017 IL App (1st) 133000 · Appellate Court of Illinois · Jun 6, 2017
Id. ¶ 32. ¶ 42 A hiring entity’s immunity from liability is not absolute in the case of work performed by an independent contractor when the former has retained some control over the independent contractor … This is clearly sufficient to defeat summary judgment. ¶ 94 The majority quotes comment b of section 414 that allows for Gilbane’s direct liability “if it fails to prevent [Gerasi] from doing even the
Cited 4 timesPublished2021 IL App (4th) 190569-U · Appellate Court of Illinois · Oct 18, 2021
Stephanie Babb, Fox’s fiancée at the time, testified pursuant to a grant of immunity from the State. Babb testified she found all three defendants at her residence after the shooting took place. … Under the rule, when offered in a criminal case, “[a] statement tending to expose the declarant to criminal liability *** is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the
Cited 1 timesUnpublishedPeople v. Jefferson Modified upon Rehearing - replaces opinion filed 10/23/03
Appellate Court of Illinois · Nov 26, 2003
The use of the qualifier "this" clearly indicates that the defendant was complaining of his appellate counsel's efforts only in regard to that lawyer's failure to argue that defendant's trial counsel was ineffective for: … The evidence established that the murder took place at approximately 9 p.m.
Cited 0 timesPublishedIndeck Energy Services, Inc. v. DePodesta
2019 IL App (2d) 190043 · Appellate Court of Illinois · Apr 13, 2021
In late January 2018, HEV issued a confidential memorandum to qualified parties interested in acquiring equity interests in HWEC through Scotiabank, an investment bank. … They clearly entered into a business venture that is reasonably incident to Indeck’s present or prospective line of business. Kerrigan, 58 Ill. 2d at 28; Lindenhurst Drugs, 154 Ill.
Cited 4 timesPublished
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