Case law

Doe 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.

Deep Creek Ranch, LLC v. Lake County Zoning Board of Appeals

2025 IL App (2d) 240452-U · Appellate Court of Illinois · Jun 5, 2025

The manager agreed that the proposed concept of an equestrian facility with associated barns and a riding arena would constitute a permitted agricultural use and would qualify for “agriculture exemption.” … ¶ 47 Both parties assert that the clearly-erroneous standard applies here.

The Board of Education of Bremen High School District No. 228 v. Mitchell

Appellate Court of Illinois · Dec 10, 2008

A board of education also qualifies as an employing unit under the Unemployment Insurance Act. … However, in this case, the identity of the correct employer was never clearly expressed. As we have described, the parties were inconsistent in identifying the employer among themselves.

Creighton v. The People of the State of Illinois

2022 IL App (3d) 180602-U · Appellate Court of Illinois · Nov 17, 2022

To overcome the presumption of a statute’s constitutionality, the challenging party must clearly establish that it violates the constitution. People v. Rizzo, 2016 IL 118599, ¶ 23. … The circuit court’s orders also failed to clearly set forth the constitutional provision(s) upon which the finding of unconstitutionality was based and failed to clearly set forth that the finding of unconstitutionality

People v. Robinson

121 Ill. App. 3d 1003 · Appellate Court of Illinois · Feb 10, 1984

Police evidence technicians established that fingerprints found on the glass used by the offender matched fingerprints taken from defendant at the time of his arrest. … There, 37 potential jurors were found qualified to serve, and the defendant and the prosecution were then required to submit a list of those jurors they wished to challenge, the defendant being allowed 20 challenges and the

Circuit City Stores, Inc. v. Illinois Workers' Compensation Commission

391 Ill. App. 3d 913 · Appellate Court of Illinois · May 21, 2009

As for the “in the course of’ requirement, the Commission found that Dwyer’s injury qualified under the personal comfort doctrine. That finding is contrary to law. … Ritter’s testimony established such knowledge at the management level. Moreover, the record contains evidence that employees shook the machine to dislodge products.

Dockery v. Ortiz

185 Ill. App. 3d 296 · Appellate Court of Illinois · Jun 30, 1989

Joseph's Hospital operative reports which tended to establish (1) plaintiff's left foot pain did not diminish after the Ortiz surgery in October 1982 at St. … Gerard Pierre-Jerome, which established (1) that Alfonso Dockery was told by Dr.

Williams v. Manchester

372 Ill. App. 3d 211 · Appellate Court of Illinois · Mar 16, 2007

To qualify for the study, however, she would require drainage of her liver through a stent to reduce her bilirubin levels. … Roseberry elected to have the abortion because she could not qualify for the experimental chemotherapy study while pregnant.

Johanek v. Ringsby Truck Lines, Inc.

157 Ill. App. 3d 140 · Appellate Court of Illinois · Jun 3, 1987

Hagle was not qualified to disassemble such a brake. Robert V. … The evidence established that prior to the accident, Johanek was an active man. He engaged in numerous sporting and entertainment activities.

City of Charleston v. System of Administrative Hearing of the City of Charleston

2019 IL App (4th) 180634 · Appellate Court of Illinois · Apr 11, 2019

The hearing officer began his analysis by stating what Englum had to prove to qualify for health insurance benefits under section 10 of the Act (820 ILCS 320/10 (West 2008)). … An administrative decision is clearly erroneous if “the reviewing court, on the entire record, is left -9- with the definite and firm conviction that a mistake has been

People v. Richardson

Appellate Court of Illinois · Sep 21, 2007

We acknowledge that the decision to file a motion to suppress is generally considered to be a matter of trial strategy immune from ineffective assistance claims. People v. Deloney, 359 Ill. … Had the trial court been unable to consider the evidence obtained in the illegal search or consider defendant’s statements, the result of defendant’s trial clearly would have been different.

People Ex Rel. Carey v. Starview Drive-In

100 Ill. App. 3d 624 · Appellate Court of Illinois · Sep 8, 1981

But we learned long ago that broad statements of *631 principle, no matter how correct in the context in which they are made, are sometimes qualified by contrary decisions before the absolute limit of the stated principle … The ordinance does not establish a scheme of discretionary administrative censorship under which films must be submitted to a censor before they may be exhibited.

In Re Marriage of Gunn

233 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

People v. Martin

2024 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.”

Cleeton 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

Martin v. Keeley & Sons

2011 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.

People v. Jones

360 Ill. Dec. 672 · Appellate Court of Illinois · May 1, 2012

Washington's alleged statements would not qualify for admission at any retrial for the same reason. ¶ 60 Kenneith Jones is also attempting to establish a claim of actual innocence based on alleged newly discovered evidence … Clearly, the statements attributed to Washington are neither new nor conclusive where Buchholz was aware of them and the post-conviction court found they were not trustworthy. ¶ 61 Additional witnesses testified at the postconviction

People v. Lacy

407 Ill. App. 3d 442 · Appellate Court of Illinois · Feb 10, 2011

She testified that she saw defendant’s face clearly “[w]hen he came on the side of me. And, I had to suck his penis. I was sitting down, and I was looking up. … She confirmed that there was enough light for her to be able to clearly observe their faces, their sizes, and their hairstyles.

The Carle Foundation v. Cunningham Township

2016 IL App (4th) 140795 · Appellate Court of Illinois · Jan 6, 2016

Establishing an Exemption for the First Time ¶ 62 Although the General Assembly has categorically exempted certain real estate from taxation (35 ILCS 200/15-35 to 15-185 (West 2014)), anyone wishing to establish … For a long time, it had been unclear what quantity of charity a hospital had to provide to qualify for the charitable exemption.

Babbitt Municipalities, Inc. v. Health Care Service Corp.

64 N.E.3d 1178 · Appellate Court of Illinois · Oct 11, 2016

Thus, the first two elements of a breach of contract claim are clearly met. … Babbitt posits that the “goal” of a mutual insurance company is to provide insurance “substantially at cost,” but also points out that the qualifier “substantially” is necessary because “[n]o one *** expects clairvoyance