Case law
Opinions from 1658 to today.
10,000+ results
1.38s
Appellate Court of Illinois · Sep 30, 1999
A law firm is not immune from liability for a breach of fiduciary duty simply because another attorney also owed a fiduciary duty to the client. Bryan Cave's reliance on Fielding is unavailing. … A reviewing court is also entitled to have issues clearly defined with pertinent authority cited and coherent arguments presented; arguments inadequately presented on appeal are waived. See Spinelli v.
Cited 0 timesPublishedABF Freight System v. Illinois Workers' Comopensation Comm'n
2015 IL App (1st) 141306WC · Appellate Court of Illinois · Dec 21, 2015
Zelby’s interpretation because the recurrent disc herniation is clearly visible on the first MRIs.” … As such, these assertions do nothing to establish that an opposite conclusion to the Commission’s is clearly apparent.
Cited 1 timesUnpublishedDoe v. The University of Chicago Medical Center
31 N.E.3d 323 · Appellate Court of Illinois · Apr 16, 2015
The defendant has the initial burden of establishing that the affirmative matter defeats the plaintiff's claim. Id. … The defendant moved to dismiss under section 2-619(a)(9), claiming statutory tort immunity for a discretionary act.
Cited 5 timesUnpublished2019 IL App (4th) 170278-U · Appellate Court of Illinois · Nov 14, 2019
]” ¶ 20 Evidence does not qualify as “newly discovered” if the defendant knew about the evidence before or at the trial. People v. Barnslater, 373 Ill. App. 3d 512, 523, 869 N.E.2d 293, 303 (2007). … Defendant clearly knew about Kate Hubble and the information in her affidavit prior to his trial. As a result, the information in her affidavit does not qualify as newly discovered evidence.
Cited 0 timesUnpublishedJewish Hosp. v. BOARTMEN'S NAT. BANK
261 Ill. App. 3d 750 · Appellate Court of Illinois · Apr 15, 1994
Clearly, if Jennings did not have a duty to plaintiffs, summary judgment would be proper, because a necessary element of the negligence cause of action would be missing. … Plaintiffs, in the case at bar, were clearly designated as beneficiaries in the will, and Jennings knew this as he prepared the will.
Cited 54 timesPublishedAppellate 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).
Cited 0 timesPublished2024 IL App (1st) 240536-U · Appellate Court of Illinois · May 28, 2024
¶7 The police canvassed several surveillance cameras and established the movements of the orange Dodge Charger on February 23, 2024. … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding is unreasonable, arbitrary, or not based on the evidence presented.”
Cited 0 timesUnpublished2020 IL App (2d) 190345-U · Appellate Court of Illinois · Feb 3, 2020
Pursuant to policy 2:260, after receiving a complaint the complaint manager may appoint “a qualified person to undertake the investigation on his or her behalf.” Law appointed an independent reviewer, Dr. … ¶8 On May 4, 2015, the trial court denied plaintiffs’ TRO motion, finding that plaintiffs failed to establish a certain and clearly ascertainable right needing protection and failed to establish how being subjected
Cited 0 timesUnpublished2019 IL App (1st) 160184 · Appellate Court of Illinois · Dec 14, 2020
not apply, noting that the State offered “no cogent argument as to how a communication to or about a person that negligently would cause a reasonable person to suffer emotional distress fits into the established … In reaching its conclusion, the court noted that subsection (a)(2) “clearly lacks any requirement that a person threaten ‘an act of unlawful violence’ ” and it “fails to limit the threatened action to that of
Cited 7 timesPublishedHarvey v. Chicago Transit Authority
2022 IL App (1st) 120973-U · Appellate Court of Illinois · May 9, 2022
The plaintiff alleged the Higher Education Act of 1965 (HEA) (20 U.S.C. § 1070 et seq. (2012)) established a clearly mandated public policy of enabling students to obtain federal funding for postsecondary education, and … This is “a clearly mandated public policy” and grounds for recognizing Harvey’s retaliatory discharge claim.
Cited 0 timesUnpublished2022 IL App (1st) 211287-U · Appellate Court of Illinois · Nov 28, 2022
¶9 Further, the court determined that, even if McGuire presented sufficient evidence of deliberate indifference, the doctrine of qualified immunity barred his claim because McGuire could … not show he had established a right to have a potential host site evaluated under his methodology.
Cited 0 timesUnpublished202 Ill. App. 3d 290 · Appellate Court of Illinois · Aug 16, 1990
However, these factors do not establish a prima facie case of purposeful discrimination. Defendant must also establish that the State removed black venire persons solely because they were black. … Section 5 — 5—3.2(b)(2) specifically describes the conduct which qualifies an accused for an extended-term sentence.
Cited 11 timesPublishedCleeton v. SIU Healthcare, Inc.
2021 IL App (4th) 200490 · Appellate Court of Illinois · Aug 3, 2021
The information contained in the label is clearly controlled by the Food and Drug Administration. … refrain from providing a pacemaker to the physician and from participating in the insertion of the pacemaker when the clinical technician knew the physician intended to proceed in an inadequate facility without qualified
Cited 0 timesPublished2020 IL App (3d) 180036-U · Appellate Court of Illinois · May 13, 2020
In order for a warrantless entry to qualify for this exception, two considerations must be present. … ¶ 13 In this case, the first criteria regarding the community caretaking purpose for entering the apartment was clearly satisfied. See McDonough, 239 Ill. 2d at 272.
Cited 0 timesUnpublished2022 IL App (1st) 200663-U · Appellate Court of Illinois · Mar 18, 2022
¶ 41 Thus, too old to qualify for a parole hearing, yet too young to qualify for earned good time credits, the only sliver of hope Mr. … ¶ 71 In accordance with Dorsey, defendant clearly did not establish a prima facie case for cause for failing to previously raise his proportionate penalties argument.
Cited 6 timesUnpublishedAppellate Court of Illinois · Apr 27, 2007
Clearly, Rosen and the law firm are both residents of St. Clair County and were joined in good faith. … Clearly, Rosen and his law firm are not inconvenienced by the filing of this lawsuit in their home county.
Cited 0 timesPublished2019 IL App (1st) 181685 · Appellate Court of Illinois · Jun 27, 2019
An evaluation committee selected the individuals or firms most qualified, taking into account all of the criteria stated in the RFQ. … Thus, we cannot find that the ALJ’s citation to case law rendered the Board’s decision clearly erroneous.
Cited 0 timesUnpublished233 Ill. App. 3d 165 · Appellate Court of Illinois · Aug 27, 1992
A review of the record clearly shows that the trial judge properly weighed the evidence of the parties’ experts and had the advantage of being able to study the evidence depositions of each. … of years married and participating in deferred compensation X 50% of amount of deferred compensation received by defendant No. of years participating in deferred compensation Counsel for plaintiff is ordered to prepare a qualified
Cited 24 timesPublished2025 IL App (1st) 230635-U · Appellate Court of Illinois · Dec 3, 2025
Infante testified clearly and consistently that he observed the firearm in Jones’s pocket. … And “matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” Id. ¶ 117.
Cited 1 timesUnpublished2011 IL App (5th) 100117 · Appellate Court of Illinois · Sep 30, 2011
When he and Lehmann inspected the I-beam approximately an hour later, however, they concluded that the collapse was “clearly a roll- over situation,” as evidenced by the way the beam was lying in the creek and by … OSHA concluded that the scaffold “was not designed by a qualified person,” as evidenced by its collapse.
Cited 1 timesPublished
Ask Donna