Case law

Five Mile Capital Westin North Shore SPE, LLC v. Berkadia Commercial Mortgage, LLC

983 N.E.2d 95 · Appellate Court of Illinois · Dec 24, 2012

App. 3d 359, 363 (1997)), so we cannot see how an order quashing a lis pendens could qualify as refusing an injunction under Rule 307. See also Oxequip Health Industries, Inc. v. Canalmar, Inc., 94 Ill. … A party seeking a preliminary injunction must establish that (i) a clearly ascertained right in need 1 It should also be noted that neither party objected to the circuit court’s

People v. Cadengo

2025 IL App (4th) 240568-U · Appellate Court of Illinois · Apr 15, 2025

Furthermore, although the Court clearly indicated that it upheld the restraining order because of the finding that the respondent presented a danger, we do not interpret Rahimi as requiring such a finding before any defendant … Initially, we find that OSAD’s appointment as defendant’s attorney on appeal does not prove defendant qualified for a fee waiver.

People v. Robinson

391 Ill. App. 3d 822 · Appellate Court of Illinois · Apr 30, 2009

Police officers with narcotics experience may be qualified as experts in the field. People v. Foules, 258 Ill. App. 3d 645, 660 (1993). … This argument lacks merit, as the State relied on the quantity of the drugs to establish an intent to deliver, and the testimony regarding controlled buys was clearly presented as just a foundation for Summers’ knowledge

People v. Nowden

2026 IL App (1st) 232328-U · Appellate Court of Illinois · Mar 31, 2026

“Illinois law recognizes ‘that a physical beating may qualify as such conduct that could cause great bodily harm.’ ” People v. Kinnerson, 2020 IL App (4th) 170650, ¶ 73. … ¶ 43 Viewed that way, we are not persuaded that the court clearly and obviously erred.

In re Marriage of Radzik

2011 IL App (2d) 100374 · Appellate Court of Illinois · Aug 8, 2011

I heard him loudly and clearly. -6-  RESPONDENT’S COUNSEL: He said if he did a pre-disbursement of marital assets. … As to petitioner’s inability to pay, the financial affidavit was clearly outdated and inaccurate.

People v. Strickland

2020 IL App (1st) 162562-U · Appellate Court of Illinois · Sep 8, 2020

¶ 38 FBI special agent Joseph Raschke, was qualified as an expert in the field of historical cell cite analysis. … The evidence clearly established that both defendant and Dashawn were frustrated with William because he was frugal.

Pekin Insurance Co. v. Centex Homes

2017 IL App (1st) 153601 · Appellate Court of Illinois · Mar 2, 2017

¶ 23 Defendants argue that Centex Real Estate qualifies as an additional insured because it was a “signatory” to the McGreal contract. … The answer, clearly, is yes. The underlying complaint alleges that it was the named insured, McGreal, who was charged with “the erection of *** a balloon wall.” The complaint further alleges that Mr.

People v. Honorable

2025 IL App (5th) 220743-U · Appellate Court of Illinois · Nov 26, 2025

We do not believe that such a qualifying statement calls into question Officer Errett’s testimony. … ¶ 24 The defendant also argues that the location and lighting conditions that day would have made it difficult for Officer Errett to clearly see the defendant.

Edgar County Watchdogs v. Will County Sheriff's Office

2022 IL App (3d) 210058 · Appellate Court of Illinois · Nov 30, 2022

There is no question that the 911 calls in this case qualify as records of persons who file complaints with or provide information to law enforcement agencies. … ¶ 42 Third, and finally, supreme court rules establish procedures for carrying out the functions of the courts—presumably for a reason.

In re Detention of Lieberman

2017 IL App (1st) 160962 · Appellate Court of Illinois · Jun 2, 2017

It is well established that all statutes carry a strong presumption of constitutionality (People v. … Maness, 191 Ill. 2d 478, 483 (2000)) and that the party challenging a statute bears the burden of clearly establishing the constitutional infirmity (People v. Jeffries, 164 Ill. 2d 104, 111 (1995)).

Eagle Marine Industries v. Union Pacific Railroad Company

Appellate Court of Illinois · Mar 9, 2006

A qualified car inspector checks the cars as the brakes are applied and then again as the brakes are released. Tim Herren, the director of terminal operations for Union Pacific's St. … The evidence in the record clearly establishes that the current condition of the road makes it unsafe for emergency responders and daily 4 traffic and that the road would

People v. Edwards

2021 IL App (3d) 130190-C · Appellate Court of Illinois · Jan 22, 2021

The trial court clearly found the officers’ testimony credible that they initially only brought defendant in to establish his whereabouts and ask a few questions. … (b) Upon request of the defendant that a qualified expert be appointed to examine him or her to determine prior to trial if a bona fide doubt as to his or her fitness to stand

Hightower v. Duffy

192 Ill. App. 3d 65 · Appellate Court of Illinois · Dec 1, 1989

The GA program, which is funded solely by the State, provides cash assistance and other services, including limited medical coverage, to families with children who do not qualify for the AFDC program. (Ill. Rev. … We are aware that the constitutional claim has not been clearly decided; but we are not convinced that such claims are so numerous that they need be decided in a class action.

People v. Tucker

2026 IL App (5th) 260062-U · Appellate Court of Illinois · May 1, 2026

The defendant further argued that the proffer fell “short of establishing any connection” between Heather’s injuries and the defendant causing the injuries. … Williams, 182 Ill. 2d 171, 192 (1998) (“Proof of physical evidence connecting a defendant to a crime has never been required to establish guilt.”).

Sandburg-Schiller v. Rosello

119 Ill. App. 3d 318 · Appellate Court of Illinois · Oct 28, 1983

counsel’s request on the ground that Drash had not categorically denied that there might be other causes and stated that when a witness gives a statement which is inconsistent with a prior statement, he does not automatically qualify … Kaspar American State Bank (1938), 369 Ill. 34 , 15 N.E.2d 721 , the Peluso court found that the discrepancy was merely a technical error and that defendants had been clearly apprised as to the substance of the appeal and

Taylor v. Taylor

2025 IL App (1st) 242436-U · Appellate Court of Illinois · Mar 31, 2025

Jesse argues that, for Carla’s motion to qualify as an emergency, she had to establish a clear and present risk of irreparable harm that necessitates immediate judicial intervention. … establish a right to injunctive relief”)

In re Marriage of Shen

2015 IL App (1st) 130733 · Appellate Court of Illinois · Jun 30, 2015

Both Janet and Feng, as well as both of their attorneys, signed this stipulated qualified domestic relations order. … assisting in a neutral determination of the child's best interests" and to aid the court "must be accorded absolute immunity so as to allow him to fulfill his obligations without worry of harassment and

Downey v. Dunnington

Appellate Court of Illinois · Aug 21, 2008

In his opinion, a surgeon was best qualified to do genetic counseling and risk assessment. … She notes that under Illinois Pattern Jury Instructions, Civil, No. 105.01, the standard of care can be established not only by "opinion testimony from qualified witnesses" but also by "evidence of professional standards

Agrimerica, Inc. v. Mathes

199 Ill. App. 3d 435 · Appellate Court of Illinois · May 22, 1990

Such a finding could have been made only by disregarding the foregoing record evidence and clearly is in error. … He then multiplied that figure by the unit price, deducting any bulk discount for which the customer qualified.

Thomas v. The Illinois Department of Healthcare and Family Services

2016 IL App (1st) 143933 · Appellate Court of Illinois · Jan 19, 2016

It is well established under both federal and state law, [c]hild support obligations cannot be discharged in bankruptcy. … "[I]t is well established that the best evidence of legislative intent is the language used in the statute itself." Id. ¶ 21.